Economic Justice in Portugal
The study on the economic justice was drafted by the Foundation Francisco Manuel dos Santos, in partnership with the Chamber. The study was financed by a set of key entities and its mais purpose it to probe the knowledge on the judicial reality that evolves economic activities, with the objective to probe the economic costs and the business problems generated or amplified by an ineffective economic justice and, above all, to present real alternatives.
The study had two main objectives, the first of which was to diagnose how economic justice operates in Portugal. This diagnosis was backed by a series of survey instruments: an analysis of legal systems and the organization of justice in Portugal and other countries; visits to foreign courts; interviews with companies, lawyers, magistrates and organizations representing professional groups; an econometric analysis of factors underlying sluggish legal decisions in declaratory reliefs and enforcement procedures; and a survey applied to a representative sample of Portuguese companies. The second objective was to prepare a set of practical proposals to improve the operation of economic justice in Portugal. On the one hand, these proposals aim to solve or mitigate some of the more critical issues that, based on the diagnosis, appear to pose more problems in the operation of economic justice. On the other hand, they seek to do so by minimizing related financial costs, while ensuring that justice is preserved and the system is simple, flexible and accessible to citizens and companies.
In general terms, the new model proposed, which is detailed in the study reports, undertakes to make this adjustment
- Easing of rules and strengthening the magistrate’s power of procedural management
- General change in procedural design as being formed by leak tight phases
- Foster oral proceedings
- Eliminate all aspects of the model that, in the name of the right to defence, do not truly protect it and, at the same time, generate inefficiencies
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