Rui Patrício speaks to Advocatus and advocates citizenship and education as pillars of corruption prevention

On International Anti-Corruption Day, Rui Patrício, partner at Morais Leitão, once again highlighted what he considers a dangerous trend in the Portuguese judicial system: an increasing obsession with corruption.

“It’s a judicial and judiciary trend, just like in the past we’ve seen others – for example, bounced cheques, drugs, medical negligence, environmental crimes, money laundering, domestic violence, safety regulations – but it’s also a trend and a political and sociological tool, which has multiple causes, and the various aspects of the trend feed off each other,” he told Advocatus.

According to Rui Patrício, corruption is a cross-cutting phenomenon that is not limited to specific sectors, although some areas are more exposed.

“Corruption can happen anywhere. I don’t think there are any immune or privileged areas. It tends to occur especially where things are more bureaucratic, complex, obstructed – and, on the other hand, where there is less effective scrutiny,” he noted.

Criticism of the inquiry phase

One of the most pointed aspects of Rui Patrício’s comments targets the inquiry phase of criminal proceedings, which he sees as one of the main obstacles to procedural efficiency.

“Undoubtedly, it’s the duration of inquiries – let’s not kid ourselves or try to cover the sun with a sieve – and also, especially when these two phenomena come together, the size of some inquiries, which are mammoth in scale and full of arrogance and the illusion that they will make history and/or change the world,” he said.

Prevention doesn’t come from new laws

Contrary to part of the prevailing public discourse, Rui Patrício believes that corruption will not be tackled effectively through constant legislative reform.

“Enough of changing laws – what we already have is more than sufficient,” he stated.
For the lawyer, the key lies in prevention through building a more aware and engaged citizenry:
“We can improve institutions – for example, very significant steps are being taken regarding MENAC [National Anti-Corruption Mechanism] – but, above all, prevention is achieved through education and the deepening of citizenship. It’s the work of generations, and don’t say that this is just empty talk, or that repression is the way forward. It isn’t – just look at the countries leading in best practices, and compare that with their education and citizenship levels.”

A justice system with outdated communication

Rui Patrício also gave a negative assessment of the way the justice system communicates with society:

“I assess it poorly – either because it doesn’t exist, or because it is very unclear. Sometimes I don’t know whether it’s due to incompetence or intentional. In fact, the justice system has a general communication problem and, in the 21st century, it’s still entangled in practices and illusions of secrecy and reserve, or in a baroque language that belongs to the 19th century. These only generate inertia, hypocrisy and/or bad practices – such as the little game of breaching judicial secrecy or the calculated leaks and vague or ambiguous statements,” he criticised.

Read the full commentary here.

(the article is in portuguese only)