Marcelo Rebelo de Sousa closed the solemn opening of the judicial year by calling for an increase in the salary ceiling of magistrates above that of the prime minister and stating that the “social prestige of justice” is one of the five challenges of the judicial system..
“Some spirits were shocked that magistrates might have higher pay than Prime Minister and closer to President. I could not understand the rationale – as we now say – of such perplexities,” he said.
For the President of the Republic is urgent “to value the judiciary or at least partially”, even knowing that other sectors with functions of sovereignty, “such as the Armed Forces and security forces, would be expectant in the face of greater discrepancies.”
“Political office holders would and will have to wait,” said the President, explaining that “common sense dictated that whoever is subject to the vote for popular scrutiny should set the example of restraint and restraint”.
Parliamentary autonomy concerned
A “thickening of a certain anti-parliamentary climate” is notorious, according to the President of the Assembly of the Republic.. Eduardo Ferro Rodrigues also criticized the “presumptions of justicialist regeneration” that might undermine parliamentary autonomy.
Speaking at the opening ceremony of the judicial year, Ferro Rodrigues stressed the new rules “on rigor and transparency” adopted by Parliament, arguing that it is necessary, “without hesitation, to establish the means necessary for the proper enforcement of laws”. .
“This is the process which, as far as transparency is concerned, is starting now, particularly in the context of the State Budget 2020. I am confident that, as we have overcome the previous challenges well, we will overcome this, which is a fundamental challenge.” , he added.
Admitting that he considers the current parliamentary framework a “body that expresses the pluralism, difference and conflict inherent in the full experience of democracy”, the President of the Assembly of the Republic assures that “he does not attend indifferently in the face of a certain anti-parliamentary climate and ultimately analysis contrary to the foundations of representative democracy “.
For Ferro Rodrigues, this “antiparlamentary climate” has followed the “fads of populism” and facilitates the questioning of “democratic values and principles, legitimate constitutional consecration and obvious historical justification.”
The president of the Assembly of the Republic also defended “certain institutes inherent to the dignity of the parliamentary institution, such as the regime of inviolability, judicial indispensability of the deputies by their votes and opinions, immunities and impediments”.
Crisis in justice controlled in 2019
Last year it was able to “control the effects of the crisis on the justice system”, at least in the opinion of the Minister of Justice, who believes that “2020 will surely be an even better year”. to the common administrative and tax jurisdiction.
At the opening ceremony of the judicial year, Francisca Van Dunem stressed that the reinforcement of human resources and the changes recently implemented provided the judicial system with management tools, simplified some procedures and facilitated the creation of specialized judgments.
“We ended 2019 with the justice system responding better in terms of speed, more dynamism, more agility”, assured the minister.
The Minister of Justice also pointed out as strategic objectives of the Government five fundamental axes: improving access to law, deepening the process of digital transformation and modernizing services, improving the management capacity of the judiciary, strengthening the protection of the most vulnerable citizens and intensification of the anti-corruption effort.
Regarding the precarious situation of lawyers providing legal aid, the minister assured that the Government has fulfilled its financial obligations.
With regard to the fight against corruption, Van Dunem highlighted the integrated national strategy, the prevention and the suppression of corruption, improving legal and procedural instruments and continuing to strengthen the human and technological resources of the Public Prosecution Service and the Judicial Police.
“Balanced and functional” justice system
For the president of the Supreme Court, there is no crisis in justice and the Portuguese judicial system is “balanced and functional”.
“In the current historical context I can say with conviction that the Portuguese justice system is balanced and functional. It is time to end the rhetoric of the crisis in justice, the empty criticism, the ideas made and the unconscious or conscious delegitimation of the justice system, “said Judge Counsel António Joaquim Piçarra.
While denying that there is a crisis in the sector and classifying this idea as “uncritically replicated and sometimes even perverse rhetoric,” the president of the Supreme Court considers that this “citizens’ perception of justice is in line with this idea. of functional balance “.
António Joaquim Piçarra, also chairman of the Supreme Judicial Council, admits, however, that there are still “very serious and profound problems” in the judicial system, especially in complex cases and in the so-called economic justice, particularly civil executions and trade. “
“If our legal and organizational system demands and requires that these complex processes become pharaonic buildings of fact and evidence, their completion will always take several years.”, said the judge, advocating a change in the legal and functional support framework for judges.
“Lack of means” delays major processes
The delay in more complex investigations and lengthy prosecutions of economic and financial crime are due to the lack of human and material means, according to the Attorney General..
“The fight against these criminal phenomena of remarkable sophistication and the specific nature of investigations requires an unavoidable training effort for investigators and requires an investment of time and financial resources that cannot be underestimated and that they claim first of all. , the assumption of an unambiguous strategic option, assumed with unbreakable vigor “, highlighted Lucília Gago.
In her speech, the attorney general pointed out that it is necessary for the state to confiscate the proceeds of crimes and to prevent “the economic benefits arising from criminal activity being camouflaged and freely enjoyed by eliminating them.”
Lucília Gago also spoke about the importance of the juvenile justice system, considering a better approach to phenomena of youth violence, especially at school, within the family and those practiced in the digital environment..
Awarded delegation is “kickback”
The judicial year “begins with some dark clouds” in the justice sector, began by saying Luis Menezes Leitão, the elected president of the Bar, in the initial intervention of the ceremony, referring to the Government’s intention to create a system of award winning.
“We do find it incomprehensible that they have been confronted with the recent announcement of the creation of a working group to establish measures that represent a radical change in the paradigm of our criminal proceedings, without these measures even being part of the Government program discussed in Parliament.” , criticized the elected president of the Bar, who takes office on January 14.
Criticizing the creation of an award-winning reporting system, Menezes Leitão stated that the changes to the criminal procedural legislation in Portugal continue to be made “in the wake of media cases” and that importing the award-winning deletion of the US system is “a big setback” in the Portuguese criminal system and a “huge attack on rights of defense “.
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“Now what is the award-winning, if not a form of moral coercion on the defendants?”
“The rule of our criminal case is that all evidence must be produced in trial, so the only attitude compatible with that of a magistrate, as between us is the MP, is to defend the acquittal of defendants when manifestly not done. evidence against them at the trial, “he countered.
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