Opinion (José Lúcio / Judge): The courts in the dock.


Obviously that courts should fulfilled every citizen them out with grievances. Each of these must say without hesitation that does very well in complaining, and if necessary to formalize their complaints without delay. The justice system has only to thank the attitude.

José Lúcio

(Judge President of Beja County)

Beyond this particular relationship to each user, where everyone has the right to expect respect and consideration inherent to citizenship, and you can make your own judgment, the courts, as sovereign bodies entrusted with administering justice on behalf of the people, They are also subject to public trial.

They even have to answer to the most demanding of juries, public opinion.

Thus we have the courts, who is responsible for making judgments, have themselves to be subjected daily to be judged, so much for each and every one with whom they contact as generally throughout the community they serve.

Not bad so be it, it seems to us before it is inherent in the very nature of the service it is providing them with. And we say the same to each of our fellow citizens who do not conform, clamoring for justice due to them.

However, to submit to be thus permanently in the dock, also have the courts and those who serve them the legitimate expectation of being judged fairly.

We would like that justice was present both in the spirit of those with particular grievances, whom we have to ask humbly that pugnem for their rights but do not confuse the tree with the forest, and in all the others who make up the manifold and anonymous mass of public opinion, and who often only arrive deformed echoes of what goes on in the courts.

Is that, as a matter of fact, the Portuguese courts may invoke in his favor and very good service. Can legitimately fly this flag. We dare to say: between the institutions to which they are constitutionally assigned public service functions, arising other than equally - Constant, serena, would be, committed and sacrificed - will serve as we serve.

We are well on any purely internal comparison, in any study or analysis that focuses on the Portuguese society of the last decades.

More than that. Our courts are well in comparison with foreign counterparts, and their performance levels have improved year on year, as demonstrate all indicators available. This is the reality that you can not make go through the blackness of created images.

Consulting the statistical indicators on the procedural motion in courts of first instance which are periodically released by the Directorate-General for Justice Policy, It notes that data on cases pending at the end of each year show strong decreases in pending, successively consolidated in each of the years considered.

So, reducing the number of outstanding cases in courts of first instance has resulted in less 13,5% one year, between 2016 and 2017, and less 42,4% the five-year period 2012 and 2017.

detailing, notes that the level of executive actions, area always represented, from far away, the largest weight in the overall pending, the number of pending civil enforcement actions in courts decreased in the second quarter of 2018 next to 12,8% compared to the end of second quarter 2017. A significant decrease in the period of one year.

No quarterly period referred (April, May and June 2018) the number of civil rifts executive actions was considerably higher than the number of civil executive actions entries. As a result, the procedural balance this quarter was largely positive, corresponding to less 22.766 processes. The procedural resolution rate, measuring system capacity in a given period to meet the demand of the same period, was, in that quarter and that area, of 164,2%, having the effect of decreasing verified pending this quarter.

This resolution rate means, in simple terms, that for every one hundred new cases brought there 164 that ended, for final decision.

According to data that anyone can consult the Internet, the second quarter of 2018 It was already the 23rd consecutive quarter with procedural resolution rate of over 100%. So, a 30 June 2018 the number of outstanding shares was executive 650.062 (from the lowest 2003). In other words, struck up minimal ago 15 year old.

In bankruptcy, insolvency and corporate recovery, in 2018, the number of cases pending at the end of the second quarter shows a decrease compared to the figure at the end of the second quarter of 2017 (a decrease of 18,8%).

The average duration of these processes, considering the time elapsed between the entry and the decision, in other words, for insolvency or similar, there was a tendency to decrease from 2007 and 2018. Indeed, the average duration of these processes was 9 no second-quarter months 2007 featured, no second quarter 2018, less than a quarter of that amount (2 months).

Leaving the world of executive actions, the number of other pending civil actions in the second quarter of 2018 recorded, over the second quarter of 2017, a decrease of 15,8%. So, a 30 June 2018, the number of pending civil cases decreased by 7,7% in relation to what happened a year before.

The procedural resolution rate, measuring system capacity in a given period to meet the demand of the same period, It was this procedural area, civil, no second quarter 2018, of 127,4% (in other words, They completed over 127 processes per hundred entered).

It was easy to continue to extract citations and similar examples, using only the periodic statistical bulletins published by the Directorate-General for Justice Policy. But let us stay here. Who wants to walk around, It has a broad path open to them.

(Text written under the previous rule to spell AO1990, by the author's option)

 


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