The present dissertation studies the relationship between the coexistence of the two preliminary phases of the Portuguese criminal process (read, the inquiry, and the instruction), built in the light of the Criminal Procedure Code (CPP) of 1987, and the problems associated with them, in particular, the delay in Justice. For this, we structured our analysis in three parts: the first, dedicated to a theoretical framework of the inquiry and the instruction, dealing with the judicial bodies and authorities that operate in these phases, exploring its objects and the possibility (or impossibility) of changes in it, as well as the intervention of procedural subjects; the second, dedicated to a critical study of these preliminary procedural phases and the advantages and disadvantages that they can bring to the Portuguese criminal process and Justice; and, finally, a third part in which we propose a solution that we consider most beneficial for the Portuguese criminal procedural system. Supporting us in various legal diplomas, the most relevant being the Portuguese CPP, in comparative law, and statistics of the ECHR, we propose to answer three questions: Will the preliminary phases coexist effectively and respect the guarantees of the procedural subjects and principles that appear in our legal order, namely that of procedural speed and economy? Or is it possible to make the preliminary process faster and, inherently, more guarantee-making?
|Date of Award
|22 Dec 2020
- Universidade Católica Portuguesa
|Pedro Garcia Marques (Supervisor)
- Criminal instruction judge
- Criminal procedure