Rui Patrício, a partner at Morais Leitão, is the author of the article ‘Criminal publicity’, in which he critically analyses the growing replacement of political and public debate by a logic of criminal judicialisation. The text, now published by Jornal Económico, is part of the collective work O Direito nos 50 Anos do 25 de Abril – Anatomia de um Sistema em Transição (Law in the 50 Years since 25 April – Anatomy of a System in Transition), published by Almedina.
Drawing on his legal expertise and institutional knowledge, the author highlights the disproportionate influence that criminal proceedings, often still in their preliminary stages, have come to exert in the media and political arena. He questions the extent to which public life is being shaped by the existence of criminal proceedings to the detriment of discussions on structural issues such as health, housing and environmental sustainability.
In his view, this 'criminal publicity' does not strengthen the rule of law. On the contrary, it contributes to a culture of presuming guilt and passing judgement in public, which is incompatible with constitutional principles such as the presumption of innocence and the right to a fair trial.
Read the full article here.
