La justice est-elle si proche ? Les transformations dans l’accès au droit et à la justice

Pedroso, João; Trincão, Catarina; Dias, João Paulo

doi:10.4000/rccs.1181

Cited by 9 publications

(9 citation statements)

References 3 publications

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“…Extant research carried out in Portugal showed that in spite of the special proceeding fees regime established by law, those who lack financial means in general, like NINA/LILA people, are less likely to litigate and enforce their rights and their position through the law and the court system. 94 The financial barriers to access law and justice may be somehow fictitious or easily surmountable, but the personal and cultural barriers are not. These people feel less socially empowered and more distant from the mainstream of the market and society.…”

Section: Final Remarksmentioning

confidence: 99%

NINA/LILA debtors under the Portuguese Insolvency Act: A hidden problem in plain sight?

Frade

Jesús

2020

Intl Insolvency Rev

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No income, no assets (NINA) and low income, low assets (LILA) debtors are a non‐negligible part of the increasingly ‘financialized’ market economy. Falling outside the financial market or accessing it through low quality financial products, NINA/LILA debtors appear to be under prioritized by both legal and judicial regimes and public policies. Focusing on the legal and judicial dimension, and taking as an illustration the Portuguese context, we discuss how preinsolvency and insolvency solutions still remain ill‐adjusted for such cases. In spite the existence of some legal provisions aiming at fostering access to law and courts regardless individuals' financial conditions, they do not perform very well with insolvent debtors lacking a regular income. Addicionally, there are non‐legal barriers that prevent those with less economic means to fight properly for their social and economic rights.

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Section: Final Remarksmentioning

confidence: 99%

NINA/LILA debtors under the Portuguese Insolvency Act: A hidden problem in plain sight?

Frade

Jesús

2020

Intl Insolvency Rev

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“…The report of the Monitoring Commission and the Ministry of Justice's (CASAD 2009) audit of legal aid, for example, focused primarily on the financial cost of the system for accessing law and justice, thus devaluing, or at best omitting any mention of, the impact of their implementation in terms of enforcing citizens' rights and of citizens' potential difficulties in obtaining legal aid for lack of financial means. Citizens' access to law and justice has to do with multiple factors, not all of them attributable to the law, the legal professionals or the functioning of the judicial system as a whole (Pedroso et al 2003a(Pedroso et al , 2003b. Among the non-judicial factors greatly affecting a citizen's access to the law, there are a few that are worth mentioning, such as one's qualifications, geographic location (where citizens live and judicial services happen to be located), income and socio-economic level, as well as one's familiarity with the workings of the judicial system or the extent to which courts are known and used.…”

Section: The Public Prosecution Service As Part Of the System Of Accementioning

confidence: 99%

“…In a number of studies carried out at the Permanent Observatory of Justice of the Centre for Social Sudies of the University of Coimbra (Santos et al 1996;Pedroso et al 2002;Santos and Gomes 2006;Ferreira et al 2007;Dias 2013aDias , 2015, the workload of the Public Prosecution Service stands out not just in terms of quantity but first of all in terms of quality, and this fact has strengthened the importance of the Service's role in areas of increasing social sensitivity.…”

Section: The Public Prosecution Service As Part Of the System Of Accementioning

confidence: 99%

Multiple Competences of Judicial and Social Intervention: Portuguese Public Prosecutors in Action

Dias

2017

Laws

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Public Prosecutors have not received much attention from international, suprastate, state and/or associative institutions in terms of seeking to influence the adoption of a common organisational model by the most diverse countries. What we have instead is mainly the approval, at different moments, of guiding principles for the exercise of functions-primarily of judges, but also, since the late 1980s, of Public Prosecutors-with special emphasis on issues of autonomy and impartiality regarding their competences and the conditions in which prosecution is carried out. However, in countries such as Portugal, Public Prosecutors exercise a wide range of competences in various legal areas, a fact that turns them into key actors in a context of evaluating the performance of the judicial system and when efforts are being made to improve its functioning, even in the midst of financial constraints. This is the backdrop to the present article, which stems from the need to discuss the functioning of the Public Prosecution Service and its professional practices in order to promote the circulation of ideas and solutions for possible judicial reforms in the model currently in force in Portugal. It is not a question of looking for the "perfect model" or of trying to achieve an "ideal synthesis," but rather of highlighting the main aspects that can contribute to the defence of legality and the promotion of access to law and justice through the action of Public Prosecutors. In order to achieve such a goal, it is necessary for Public Prosecutors to assume a new paradigm, centred on the defence of citizenship rights. The main objective here is to discuss and reflect on the identity, competences and professional practice of Portugal's Public Prosecutors in the context of major transformations in the judicial systems and in the legal professions themselves, both as key actors and as promoters of citizens' access to law and justice in the various legal areas in which they are active participants. The aim of this article is thus to analyse the way in which the Public Prosecutors' exercise of their multiple competences, not only in relation to citizens but also with regard to their intermediary role between the courts and the various entities and professions at play, both public and private, contributes to achieving better justice for all.

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“…Esta temática tem vindo a adquirir maior importância igualmente pelo facto de se observar, nos últimos anos, uma tendência para a reformulação das competências e do papel desempenhado pelas várias (novas e velhas) profissões jurídicas que operam no sistema judicial português, num conjunto de alterações que procuram, em termos de objetivos e fundamentos, facilitar o acesso dos cidadãos ao direito e à justiça (Dias e Pedroso, 2002;Pedroso, Trincão e Dias, 2001, 2002, 2003a, 2003b. Acresce, contudo, quenuma fase de implementação de importantes reformas, quer em termos organizacionais (mapa judiciário e gestão dos tribunais), profissionais (alterações nas competências profissionais), legais (movimento de simplificação processual: informalização e desjudicialização), informáticos (reforço e/ou renovação dos programas informáticos e do equipamento), quer em termos de reformulação/aprofundamento dos mecanismos alternativos de resolução de litígios -é necessário repensar o papel desempenhado pelos diferentes atores judiciais de uma forma global, integrada e complementar.…”

Section: O Ministério Público Na áRea Laboral: Equilibrar As Desigualunclassified

La justice est-elle si proche ? Les transformations dans l’accès au droit et à la justice

Cited by 9 publications

References 3 publications

NINA/LILA debtors under the Portuguese Insolvency Act: A hidden problem in plain sight?

NINA/LILA debtors under the Portuguese Insolvency Act: A hidden problem in plain sight?

Multiple Competences of Judicial and Social Intervention: Portuguese Public Prosecutors in Action

Enjeux du Ministère Public au Portugal : « porte d’entrée » de la citoyenneté

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