⁣THE ATTEMPT TO DESTROY THE RULE OF LAW IN PORTUGAL
As we know, on Nov 11th the 3rd Chamber of the Lisbon Court of Appeal (Tribunal da Relação de Lisboa) confirmed the decision of the first degree court in Azores to grant the "habeas corpus" to some German tourists illegally deprived of their freedom, because in hotel room confinement ordered by a Government offical.
To this end, and very succinctly, the Court of Appeal of Lisbon understood the following:
- The Regional Health Authority, I.P., lacks legitimacy, as well as an interest in acting, for the purpose of filing an appeal from the decision granting the "habeas corpus";
- Mandatory confinement, also sometimes referred to as prophylactic isolation, determined by a health authority, translates into an illegal deprivation of freedom, because against the provisions of article 27 of the Constitution;
- The PCR test has a very high margin of error and is not a safe and valid tool of diagnosis, especially for the purpose of placing people in mandatory confinement.
Although it only echoes what the serious and independent scientific community says on the subject, the decision fell like a bomb on the official narrative, on the basis of which thousands of Portuguese have been thrown under house arrest (as long as they are not sent to Concentration Zones).
Quickly, official propaganda media (formerly known by media) emerged to realize that the Judges who delivered the decision were being subjected to disciplinary proceedings.
The Superior Council of the Judiciary (Conselho Superior da Magistratura) then hurried to deny the initiation of disciplinary proceedings against the Judges, adding, however, that the decision would be taken to the Council's Plenary.
The CSM statement is obviously a blatant fallacy, in that:
1) Someone from the CSM informed the official propaganda media about the decision to take the decision to Plenary;
2) Pursuant to the combined provisions of articles 149, no. 1, paragraph a), and 151, paragraph a), of the Statute of Judicial Magistrates (Estatuto dos Magistrados Judiciais), the decision to initiate disciplinary proceedings against judge judges must be taken in Plenary.
This means that the official propaganda media was right (how could they not be, if the information could only have come from the CSM itself?).
In other words, the idea is effectively to institute disciplinary proceedings against the Judges who delivered the decision.
The Plenary of the CSM, in which a decision will be taken on the initiation of disciplinary proceedings, will take place on the Dec 2nd.
It is an unacceptable interference by an administrative branch in a sovereign body of the judicial power, aiming at the control of the latter, in what can be characterized as a violent blow to the rule of law.
The message is sent out:
- To the other courts and judges, in the sense that consequences may arise if they decide in the opposite direction to the official narrative;
- To the citizens, in the sense that after all they cannot count on the independence of the courts and judges.
It is, therefore, extremely important that on the morning of the Dec 2nd we are all together in front of the Superior Council of the Judiciary, in Lisbon, demonstrating our solidarity with the Judges who delivered the brilliant and courageous decision of the Lisbon Court of Appeal of 11/11/2020.


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