Minister of Justice invites the MP to “rethink the management” of mega-processes

The Attorney General this Wednesday argued against assessing the sector based on the length of court “mega trials”, making sure they are not in the majority and that the State Department (MO) has “legal tools” to manage differently.

Speaking at a hearing before the Commission on Constitutional Affairs, Rights, Freedoms and Guarantees, Catarina Sarmento i Castro said that these cases may be largely media-mediated, but they do not really reflect the work being done in the Portuguese courts.

“Megatrials” in the courts are not the norm. “Megaprocesses” are often the most indirect and, in fact, take the most time. Perhaps it’s time to rethink the way we do business and the separation of cases, turning the “mega process” into multiple processes. This is the option that the justice of the peace makes, the option for which neither the Minister of Justice, nor even this chamber can put into practice, ”the minister emphasized.

The Minister of Justice also recalled that the Assembly of the Republic had already approved mechanisms “so that processes could be conducted differently”, also listing the reduction in deposits over the past year in different jurisdictions.

Catarina Sarmento e Castro was also asked about the fight against corruption and the degradation of Portugal’s position in the Transparência Internacional’s Corruption Perceptions Index released on Tuesday by Transparência Internacional, in which the country ranks 33rd, and assured that work is already underway. was made within the first ten months of the legislature.

“As for the anti-corruption strategy, the most important thing has been done over these 10 months: strengthening the National Anti-Corruption Mechanism. [MENAC] so you can take a global look at the various strands of this strategy,” he said, continuing, “We are working to improve our position in the rankings. The goal is to improve and we cannot be satisfied as long as there is corruption.”

Noting PRR’s “effective investment of 24 million euros” in this area and the strengthening of “digitization mechanisms” to combat this crime, Catarina Sarmento i Castro also pointed out that the main focus is on recovering money from corruption, given that this is “a field where it is important to act”, since it is “in the pockets” of the agents of this crime that the consequences of justice can be more effective.

Finally, the Attorney General pledged to submit “in the near future” a revision of the rules for electronic distribution of files: “We are working and will strengthen the work that has been done in this house. We understand that there is room for us to strengthen the rules aimed at ensuring greater transparency in the distribution of processes and will soon be introduced in this house.

Faced with PSD MP Monica Kintela’s insistence on what changes would be discussed on this topic, Catarina Sarmento i Castro pointed to, among other things, the disclosure of the algorithm responsible for electronic distribution.

“There is a path to walk together. There are decisions in the law that are important to comply with, and when I say that I want to increase transparency, it is, for example, to make the disclosure of the case distribution algorithm mandatory. “, he said, never ceasing to mention the goal of having a “more holistic view” of the various jurisdictions.

At stake in this area are two laws approved in August 2021 in the Assembly of the Republic following the PSD projects, which introduced control mechanisms for the electronic dissemination of litigation and in administrative and tax proceedings, but which have not been regulated since. government.