Portugal’s justice system under pressure: delays, obstacles, and political will

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The persistent delays in delivering justice have become a major headache for Portuguese authorities in corruption cases. More than ten years after the onset of the emerging financial crisis, a pattern of irregularities in the management of both public and private entities persists. Numerous investigations have stalled or remained unresolved, drawing criticism from transparency advocates and even judges. The Marquês de Pombal operation, which brought a former prime minister to trial, is a prominent example. The Sócrates case, linked to the bankruptcy of the country’s leading bank and the conduct of its former president, Ricardo Salgado, also began in 2014, highlighting the enduring challenges in the judicial process.

Recent data reveal that trust in justice is low among the populace. A study published last October by the consumer association DECO indicates that, when it comes to speed of resolution, nearly 60 percent believe that all defendants are not treated equally under the law. This sentiment echoes concerns voiced by Transparency International Portugal president Susana Corado. She says there is clear evidence of a justice system that favors the wealthy, noting the fixed resources available to all, yet only individuals with substantial means can sustain protracted proceedings for ten or fifteen years.

legal obstacles

In the Sócrates case, the former Portuguese prime minister raised five formal objections and filed one complaint. Since April of the previous year, the judge has chosen to protect several offenses he faced, including money laundering and document falsification. Experts in the Portuguese Association of Judges argue that the system needs more tools to curb abuses of legal remedies. They contend that courts lack sufficient mechanisms to prevent deliberate delays and to stop resource abuse when a deliberate strategy to stall justice is suspected.

The sheer complexity of these cases, which often involve dozens of investigations and numerous companies, many with connections to tax havens, is another factor lengthening proceedings, according to lawyers. In Sócrates’ case, for instance, a large portion of the original 31 charges were dropped or not pursued due to lack of evidence or prescription, underscoring the difficulty of securing timely outcomes. Critics also point to resource constraints. There is a well-documented shortage of investigators and technological capabilities within the Forensic Police to conduct full-scale digital forensics, including decrypting mobile devices and coordinating with authorities in other countries. Such gaps hinder efficient investigation and timely resolution.

political will

The government and the presidency have acknowledged shortcomings in the conduct of anti-corruption cases and urged reforms to enhance effectiveness. Yet concrete progress remains limited. The chair of the Association of Judges notes that strengthening existing tools is essential, since managers and public officials know the problem exists and recognize that a more efficient system could harm certain interests. This reality often translates into cautious, incremental action rather than decisive overhaul.

Transparency and anti-corruption evaluations reflect a similar sentiment. The latest Corruption Perceptions Index from Transparency International shows limited improvement in Portugal’s approach to combat illicit activity over the past decade, with the report highlighting ongoing deficiencies in fighting corruption. The anti-corruption strategy, introduced under the current government in 2020, aims to boost transparency in both public and private sectors and to accelerate judicial responses, though tangible outcomes have yet to fully materialize.

The prospect of utilizing European recovery funds will test the capacity of authorities to detect and deter corruption. The head of state has cautioned about strengthening transparency in the months ahead following a year of rising corruption complaints. Data from the judicial police indicate a continued rise in public concerns, with a notable increase in complaints in recent years.

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