Milton Martínez / Secretary of Culture of Mexico City
Boaventura de Sousa Santos
Trial began but not as expected; In the afternoon there wasn’t even a session. And the difference between civil complaint and criminal complaint.
Last Friday began a judgment which involves one of the most talked about names in recent times: Boaventura de Sousa Santos.
O sociologist accuses of defamation four of the 13 women who signed the open letter about moral and sexual harassment, abuse of power and intellectual extractivism at the Center for Social Studies at the University of Coimbra.
The professor and sociologist didn’t even go to court; was represented by a lawyer. During the morning there was no agreement between the parties. In a day with two adventures.
In the morning, and contrary to what was thought, judge Isabel Alves decided that the next session would take place at closed door. And the first day was suspended late in the morning due to “technical issues”, says . In the afternoon there wasn’t even a session. The accused will hand over documents, the prosecution will then have a few days to respond.
The methods
In this trial, allegations of sexual harassment are not even at issue – the trial began in which Boaventura wants to protect his good name and honor.
José Manuel Fernandes found this reversal of priorities in Justice strange, but he already understood what happened: “He’s trying to avoid proving the crime and just say he was offended. And a judge is likely to agree“.
To do this, continues the radio commentator, he resorted to “unfair methods” – and here come the differences between criminal complaint and civil complaint.
The women filed a criminal complaint against Boaventura, Boaventura filed a civil complaint against the women.
One criminal complaint requires proving that a crime occurred. The case goes through the Public Prosecutor’s Office, there is a “screening” process, which takes time, before proceeding to trial.
In one case, there is someone who complains about a violation of rights or a harm that must be resolved through the judicial system. There may be no crimebut there may be proof of insults, of damage to the image. The person or entity feels harmed.
Important difference: there is no payment for the criminal complaint, through the process, if the Public Ministry decides to move forward; in a civil complaint, the complainant must pay court costs. The costs are proportional to the value of the process. Therefore, many Portuguese people do not pursue a civil complaint: they do not have the money to do so.
