Commentary on Judgment No. 17160 of 2024: Appeals and Filing of Documents
Judgment No. 17160 of March 22, 2024, filed on April 24, 2024, issued by the Court of Cassation, offers an important reflection on the emergency provisions concerning the filing of appeal documents. In an ever-evolving legal landscape, it is crucial to understand how current regulations affect the right to defense and access to justice.
Emergency Provisions and the Filing of Documents
The core of the judgment is Article 24, paragraph 6-bis of Decree-Law No. 137 of 2020, converted into Law No. 176 of 2020, which allows the filing of the appeal document with the judicial office where the private parties or their legal representatives are located. This aspect is of crucial importance, especially in a period when pandemic-related restrictions have complicated travel and access to courts.
Emergency provisions under Article 24, paragraph 6-bis of Decree-Law No. 137 of 2020 - Filing of the appeal document with the judicial office where private parties or their legal representatives are located - Possibility - Existence. Regarding appeals, during the validity of Article 24, paragraph 6-bis of Decree-Law October 28, 2020, No. 137, converted, with amendments, by Law December 18, 2020, No. 176, the filing of the appeal document with the registry of the court or justice of the peace of the place where the private parties or their legal representatives are located continues to be permitted, pursuant to and for the effects of the provisions of Article 582, paragraph 2, of the Code of Criminal Procedure.
The Court reiterated that, despite the difficulties generated by the pandemic, the right to appeal must remain accessible and practicable for all parties involved in legal proceedings. This implies that the filing of documents does not necessarily have to take place at the court of residence, but can also occur in different contexts, thus ensuring greater flexibility.
Legal and Jurisprudential References
The judgment in question is part of a well-defined legal framework, referencing regulations and previous case law. Among the regulatory references, the following are highlighted:
- New Code of Criminal Procedure, Article 582, paragraph 2
- Decree-Law of 28/10/2020, No. 137, Article 24, paragraph 6
- Law of 18/12/2020, No. 176
Furthermore, the Court referred to previous judgments that have addressed similar issues, consolidating a jurisprudential path aimed at safeguarding the right to defense in emergency situations.
Conclusions
Judgment No. 17160 of 2024 represents a significant step towards protecting the rights of parties in the context of appeals. The flexibility introduced by the emergency provisions not only facilitates access to justice but also reaffirms the importance of the right to defense even in difficult times. It is essential that the parties involved are informed about these provisions so that they can fully exercise their rights, thereby ensuring a fairer and more accessible legal system for all.
