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"Buscas a escritórios de advogados versus buscas a partidos políticos: o que teria de mudar?" (com José Luís Moreira da Silva)
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ECO/Advocatus (online) September 5 2023

"Buscas a escritórios de advogados versus buscas a partidos políticos: o que teria de mudar?" (com José Luís Moreira da Silva)

"Buscas a escritórios de advogados versus buscas a partidos políticos: o que teria de mudar?" (com José Luís Moreira da Silva)

«Honestly, I don't see any risks, I think it's a good measure to prevent the judiciary from interfering in political parties. Political parties are essential to democracy, allowing citizens to participate in politics and in the organs of political power. They must be protected from abusive interference by other powers of the state, in order to maintain freedom. Party secrets must also be safeguarded, while commercial or industrial secrets are already protected, so must those necessary for the exercise of democracy, through all internal party documents. This is a sensitive matter and should be surrounded by special precautions. There should be no disproportionate protection, as there isn't in other sectors, but there should be sufficient and necessary protection for the free exercise of the political functions of the parties,» adds José Luís Moreira da Silva, Partner at SRS Legal.

[...]

«(...) he believes "that it would be better to amend the Law on Political Parties (Organic Law no. 2/2003, of August 22), including the rules on searches at party headquarters and offices, so that they have to be presided over by judges.»

[...]

"Is the professional secrecy of lawyers comparable to the secrecy of political parties, so that it can be equated?

«"It's not the same. Lawyers have the right to professional secrecy to defend the right to justice, without which citizens would not have access to justice, because everything they say to their lawyer would be available to serve as incrimination, in which case there would be no right to defense and justice would be seriously affected in its essential core. Political parties, on the other hand, are essential to democracy. Without them, the political representation of citizens in the political bodies of the State, Regions and Local Authorities cannot be exercised. It is also an essential fundamental right, but of a different nature. The equal defense of essential fundamental rights justifies similar solutions, even if they are different in nature," adds Moreira da Silva.»

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