Although nothing prevents the Bar Association from moving forward with a special scale for complex cases, the current selection and remuneration rules will apply. The proposal was motivated by Operation Marquês and other megaprocesses.
The Ministry of Justice clarified that it was not involved in the creation of teams of unofficial defenders for mega-processes, defended by the president of lawyers, but stated that nothing prevents the Order from moving forward with the initiative.
João Massano added that, for the solution to be adopted, the approval of the Government and the Institute of Financial Management and Justice Equipment (IGFEJ) is necessary because “someone will have to pay these lawyers”.
In a statement, the Ministry of Justice clarified that it is not participating in any process to create this measure and that it has not, to date, received proposals regarding the creation of teams of unofficial lawyers for mega-processes.
He recalled that the appointment of unofficial defenders is carried out by the court secretariat, Public Prosecutor’s Office or criminal police bodies, based on the prevention roster prepared and made available by the OA, which has the “exclusive responsibility” for designating the lawyers on that list.
“Nothing prevents the Order from creating a list”
According to the Ministry, “nothing prevents the OA from creating a roster of defenders for large-scale or particularly complex cases, if it understands that the current system does not provide an adequate response to these processes”, but the selection and remuneration rules provided for in the system of access to law and the courts will be applied.
The Ministry of Justice also highlighted the Government’s commitment “to approving measures to combat manifestly dilatory procedures” and reaffirmed its commitment to “effective access to law and the courts, promoting efficient and responsible solutions in the use of public resources”.
In his statements, on the sidelines of the launch of the Company’s Digital Wallet at Palácio da Bolsa, in Porto, João Massano admitted that the proposal was driven by Operation Marquês, which is trying former Prime Minister José Sócrates, but not only that.
“We are focused on a single trial, which is the Marquis, obviously, but it is not just him that we want to do this for”, he reinforced.
The objective is for there to be, at the same time, speed and effective defense of the defendants, he guaranteed.
