Segredo de justiça | 2011

Author(s) Luísa Maria Pinto Teixeira
Advisor(s) Mário João Ferreira Monte
Year 2011

Synopsis This work is centred on “Investigation Secrecy” and its dialectical tension with the publicity of criminal procedure in the Portuguese Criminal Procedure Law. Here we discuss the historical approach to the investigation secrecy and its current affairs, its axiological notion and plan, the structural description of the institute through its concrete and subjective areas (breaching of investigation secrecy), and its time limits. Moreover, in the area of advertising, we expose the public’s attendance to pleadings, the brief allusion to the media, the consulting of case files and the acquisition of certificates and procedural information through subject procedurals, as well as the consulting of case files and the acquisition of certificates through others. It is highlighted in the Portuguese Criminal Procedure Law significant differences in the versions seen so far, and therefore are called into question the Rights, Freedom and Guarantees that the Constitution of the Portuguese Republic advocates and assures to its citizens, explicitly stating: “the law defines and ensures the necessary protection of the investigation secrecy” (n. 3 of the 20th art. of the C.P.R.), on the one hand, and the right of citizens to information (the 37th and 38th art. of the C.P.R.), on the other hand. Since these rights contend it is up to the legislator to find the ideal point, and be able to avoid conflicts of interest so that the constitutional principle, which states that “every defendant is presumed innocent until proven guilty (…)” (n. 2 of the 32nd art. of the C.P.R.), is reached. Thus, it seems important to do a brief study of comparative law about several legal systems in order to find some normative background to the laws mentioned above in the investigated systems, and encounter the ideal resolution from the ones these juridical systems offer to solve. In this context, we propose the creation of press consultantship offices, hence adopting the German legal system as a solution in what regards to the conflict of rights.

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