Rui Patrício advocates a balanced approach to Justice and criticises excesses in mega-cases

Lawyer warns against excessively long investigations, overuse of wiretaps and the need to strengthen technical resources in the Portuguese judicial system.

Rui Patrício, a partner in the criminal, regulatory offences and compliance practice, was interviewed by Nascer do SOL in an in-depth analysis of the functioning of the justice system in Portugal. In the interview, he rejects catastrophic views of the judicial system and argues for a more balanced approach, focused on efficiency, the quality of judicial decisions and respect for fundamental rights.

Throughout the interview, the lawyer stresses that the public perception of a slow justice system largely stems from the media exposure of a limited number of mega-cases, which do not reflect the reality of most judicial proceedings. In his view, in both civil and criminal jurisdictions, so-called “ordinary” cases tend to be resolved within reasonable timeframes, with mega-cases being the main exception to this pattern.

Mega-cases: a procedural choice with an impact on the length of proceedings

Rui Patrício draws attention to the fact that many mega-cases are not inevitable, but rather the result of investigative and procedural organisation choices. The legal framework allows for the separation of cases, avoiding excessive volumes and procedural structures that are difficult to manage. According to the lawyer, combining multiple defendants and matters into a single set of proceedings tends to prolong investigations and undermine the effectiveness of criminal justice.

Prolonged investigations and the risk to confidence in the judicial system

One of the most critical issues highlighted in the interview concerns the excessive duration of the investigation phase. Rui Patrício refers to investigations that last eight, ten or more years without an indictment or dismissal, considering such situations to be pathological and harmful to the rule of law. In his analysis, the real problem of judicial delay should be assessed upstream, at the investigation stage, rather than focusing solely on the trial or pre-trial phases.

Wiretapping and the compression of fundamental rights

The lawyer also addresses the frequent use of telephone wiretapping as an investigative tool, arguing that in Portugal it is used excessively because it is easy and relatively inexpensive. Rui Patrício warns of the intrusive nature of this measure, the risks of interpretation out of context and its impact on the right to privacy, emphasising the need for greater rigour and proportionality in its use.

Justice reform: more resources, less legislative instability

When asked about recent proposals for justice reform, Rui Patrício expresses reservations about the constant amendment of legislation. He argues that legislative stability is essential for the proper functioning of the judicial system and that many existing problems could be mitigated by strengthening technical resources, specialised advisers, forensic capabilities and support structures for judges and prosecutors, rather than through successive legislative revisions.

Read the full interview in the attachment below.