3 October 2009

Freedom to decide

The responsibleness of State and judges, under the terms of current law, will hurt the citizens, who may have to stop relying on a fair justice, to start having a justice of convenience.

by Rui Rangel, Judge

The new extra-contractual civil responsibility law is the most serious attack on the judge’s freedom to try and decide, since the 25th of April [revolution]. The judge has stopped being free in the appreciation, in the valuation of facts and the application of law. The free interpretation of the law and the free appreciation of evidence, as a basis for the judge to form his conviction, are placed in a crisis situation by this law and by the latest tendencies that mark, in an uncommon manner, the Superior Council of Magistrates’ [SCM] new thinking. The signal has been given and may form doctrine in the SCM’s future decisions. The SCM’s members, which are chosen by the political power, are not going to drop the newly created precedent.

The responsibleness of State and judges, under the terms of current law, will hurt the citizens, who may have to stop relying on a fair justice, to start having a justice of convenience. The rational and critical evaluation, performed in accordance with the common laws of logics, of reason, of the maximums of experience and of scientific knowledge, fundamental elements that allow for the judge to appreciate the facts in an objective manner, and thus motivate the decision, are of no value when faced with the gross interpretation of gross error. The justice of convenience, which henceforth ties the judge to unique and non creative thought, which may cloud the freedom of creating law, due to the fear of error, is not suitable. The judge as a mere pronouncer of law has already been experienced, with bad results for people’s lives and security.

But in this juridical novella of political outlines, if hypocrisy killed, there wouldn’t be a single politician left to tell the story. Politicians should, like the judges, be held accountable over gross errors committed within their activity. This model, which may force a judge to have to reimburse the State over compensation paid over erroneous decisions, should be widened to other holders of public jobs, when there are cases of effective damage that hurt the citizens. Transparency and equality, among organs of sovereignty, should be the rule to follow.

Or is it the case that politicians don’t commit gross errors that hurt people’s lives?

The constitutional history is filled with visible examples of political options that deserve responsibleness. And political responsibleness, through vote, is not enough. What matters is this one that targets the pockets. However, because incompetence and the lack of quality are patent, the fear of bankruptcy has led them to escape this responsibility.

And the comedy of Portuguese life carries on.

Other people, with another dimension and with another intellectual standing, would not have acted in this manner.



source: Correio da Manhã, 03.10.2009

49 comments:

  1. Quote:
    *What matters is this one that targets the pockets*....via violation of human rights,to cite one recent example.

    Sad world

    ReplyDelete
  2. Unfortunately, we in the UK stopped relying on a fair justice system long ago!

    For instance, the victim is likely to get much less sympathy than the perpetrator of a crime in these enlightened times.

    Money is the most important thing in our society. For instance, you can't take a civil case to court unless you have bags of money.

    Criminals with previous convictions as long as their arms can apply and normally receive, Legal Aid.

    So if you are rich and have a grievance, or poor and commit a crime, you will get a hearing, but if you are in the middle stream income group, forget it!

    ReplyDelete
  3. When will Portugal make a decision? mccann never ever want the case to be reopened.

    When will Portugal open it and solve the case, one way or the other?

    When?

    ReplyDelete
  4. When are people going to realise that the behind the scenes rulers of the EU are an unelected dictatorship.

    That is why we are getting our basic legal rights whittled away slowly but surely, so that a few will have control over the many and can impose their will in the face of all common sense and decency.

    Adolph Hitler would have been proud because what he tried to do by force is being done by stealth and no respect for the wishes of the people.

    ReplyDelete
  5. Yes, the UK has no accessible civil justice system.

    ReplyDelete
  6. Most people are not aware that when the leaders of the countries of Europe have finished leading their own country they can go get jobs as Commisioners or Counsellors in the EU. Perhaps if they are lucky they will even get to be President of the EU.

    These people are unelected by the people, and yet they are issuing all the rulings. It is a 'jobs for the boys' club, and the leaders are in it for themselves.

    Sovereignty has been taken away from the ordinary people and most of their laws are issued by the EU.

    Yet the ordinary people are lulled into thinking they are in some sort of democracy because they vote in people to sit in the EU Parliament.

    The members of this Parliament merely pass on the rulings of the elite, unelected ones. It is a farce.

    All Sovereignty has been taken from the individual countries now that Ireland has caved in to the propaganda fear machine of the pro EU Treaty/Constitution, of which the UK has never been given a vote.

    The UK only voted to trade with the rest of Europe not to be ruled by them, yet what do our leaders care about what the people think.

    We will not have heard the last of Brown (that good friend of Gerry McCanns) because when he has finished in Westminster he will be able to be one of the rulers behind the scenes in Brussels, and can be even more dangerous to the freedom of speech from behind the scenes.

    The EU is very dangerous to free speech and to the exposure of what they are really about, (A One World Government with an elite few ruling), and already has a propaganda machine.

    They will try and silence anybody who speaks out against it as it is the ultimate dicatorship and people don't even realise they are in one.

    Yet.

    ReplyDelete
  7. re: Nancy

    Couldn't have put it any better. It makes me really mad. Those already NOT contributing to society, and living off benefits, (while working on the side) have NOTHING to lose by keep going from one appeal to another.

    While those of us who are responsible citizens, paying tax etc, would stand to lose everything we have worked for.

    Where's the JUSTICE in that???

    ReplyDelete
  8. Excellent news from Ireland...the EU is the only way forward...and the only power that can stem the tide of facism which is rearing its ugly head again...

    ReplyDelete
  9. "....They will try and silence anybody who speaks out against it as it is the ultimate dicatorship and people don't even realise they are in one...."

    Very true ano...

    'They' decided that democracy doesn't work....(and to be honest... maybe I sadly agree...)....

    For me the conclusion is that evolution failed... let the meteorite come.... and let's try again

    ReplyDelete
  10. URGENT

    Joana, can you please read and comment on the following:

    http://madeleinefoundation.org/main/2009/10/is-free-speech-dead/?cp=1

    Carter-Ruck and the McScums strike again - almost anyway, It seems they were misled as the site is owned and hosted in the USA.

    Tony

    ReplyDelete
  11. Não seria hoje que iria sair o

    "A Mordaça Inglesa"?

    ReplyDelete
  12. http://madeleinefoundation.org/

    Amazing, Carter Ruck foiled?

    Tony Bennet didn have a Web Site of his own?

    Thank goodness for the USA!

    ReplyDelete
  13. The European Convention on Human Rights, the reaction to the appalling crimes of the Nazi's, is being twisted by lawyers and is now used by the rich on one hand to protect their 'reputations' and on the other to close down free expression...not of the newspapers, as they are already controlled by the rich in any case, but of the ordinary citizens of Europe. The danger of creating positive rights is that we are putting control of these rights into the hands of lawyers and therefore making them available only to the rich. The ordinary citizen who has no independant financial means (or a fraudulant fund) can kiss goodbye to any pretence that they have liberty.

    ReplyDelete
  14. Someone said...'Excellent news from Ireland...the EU is the only way forward...and the only power that can stem the tide of facism which is rearing its ugly head again'

    This is dangerous nonsense! Politics is like a circle, the further left one goes, the nearer to being facist one becomes - for example in the UK the 'UNITE union is trying to silence views it doesnt like. If it is not possible to argue ones case without restriction, then I can only suggest that ones case is not right. Its like shutting down a web site because the views dont match ones own, i.e. its like the actions of the McCanns.

    The EU is highly dangerous to the ordinary citizen and its becoming more and more so. How can it be right that a vote is simply repeated until it gives the right answer?

    ReplyDelete
  15. There has been a heavy demonstration in Italy, today, Rome, 100.000 people on the streets, demonstrating asking for freedom of speech.It was organised by sidicates of journalists.
    It seems Berlusconi controls the media and the media that publish sex scandals are sued for 3 million euros.

    ReplyDelete
  16. Tony,

    great!

    Excellent!!!!!!!!!!1

    ReplyDelete
  17. A demonstration for freedom of speech in Italy could mean the beginning of freedom of speech in Europe.
    Such a movement can be contagious, the rest of Europe could start following it.
    I hope it will.

    ReplyDelete
  18. It’s obvious the McCanns’ team is now going after the reputations of the UK sniffer dogs now. Word has gotten around about the dogs alerting to cadaverine in the McCanns’ apartment and rental car. They’ve got to do something about that. And they have. The Daily Mail has published a piece (Oct. 4) on the Jersey home probe that practically blames Eddie and Martin Grime misleading the entire operation, including a large photo of Eddie with Martin, and the words underneath “False Trails: Eddie the sniffer dog with handler Martin Grime. As if the day wasn’t bad enough already, it’s gotten worse.

    ReplyDelete
  19. Ever see that film - when the cruel and oppressive authorities are searching for Spartacus, leader of the slave revolt, when the slaves begin replying one by one:

    "I'm Spartacus."

    "No I'm Spartacus!"

    "No I AM SPARTACUS!!"

    "No I am!!"

    Perhaps we should all sign ourselves as

    "Tony"

    ReplyDelete
  20. Cristo, que lei louca é esta?
    Juiz pagando erro eventual do próprio bolso?

    ReplyDelete
  21. E se no fim o juiz tem razão, o criminoso paga o juiz?
    Ou o Estado paga o juiz, com juros?

    ReplyDelete
  22. The Daily Mail are on the attack again! Anyone who is remotely connected to finding justice for Madeleine McCann is targeted.

    I'm sure Martin Grimes charged no more for using his fantastic cadaver dogs than Carter Ruck and their ilk charge for their services to the rich! If they'd found evidence of a dead body of a child in Jersey then the Mail would be applauding Martin instead of criticising what he earned.

    When will they criticise what the McCanns are wasting on useless detectives and agencies?

    There is no doubting how the dogs' reacted in Praia de Luz, because we've all seen it on video. The only reactions were around the McCanns apartment and car, but it can't be taken as gospel. What can be taken as gospel by the powers that be though is there was an abduction of Madeleine even though there is no evidence whatsoever of that at all; unless you believe Jane Tanner's delayed reaction to her 'sighting', or should I say 'sightings' because she has has not stuck to her first description.

    If the dogs had proved the McCanns were innocent of any wrong doing then they would have been believed and lauded and there would have been no question of their evidence being doubted.

    Those dogs are worth their weight in gold.

    ReplyDelete
  23. I dont mean to mislead, but I am just a coincidental "Tony". I am not "the" Tony. I'm sure most people know this already.

    Tony

    ReplyDelete
  24. I have left a comment at the Mail Online but no point saying what I really think as they'd never print it it, which is.

    Martin Grime and Eddie had to be discredited in Jersey so as to discredit their role in PdL.

    The fact remains, the dogs only signalled on belongings of the McCanns, nowhere else.

    I feel sorry for Martin Grime and the dogs. Another victim of the McCanns.
    SoJ

    ReplyDelete
  25. http://news.bbc.co.uk/1/hi/world/europe/8289166.stm

    Mass rally in Italy over freedom of speech, how can we contact the organisers. This could be a joint fight. Some say 300′000 hit the streets. This can only be a good thing, how can we rally like this? How was the poll tax rally arranged? Lets contact as many groups for free speech and fight this on a global scale. The Mccanns are the tip of the iceberg.

    “Berlusconi is bad for Italy’s health,” read one banner, while a slogan on some protesters’ T-shirts said: “Now you can sue me too”.

    “We ask the prime minister to stop the campaign of accusations against journalists and to tell the truth,” Franco Siddi, head of the Italian Press Federation, told the rally.

    ReplyDelete
  26. Media rights group Reporters Without Borders – first group to be contacted I feel.

    I wont do a thing until I get some feedback first

    http://news.bbc.co.uk/1/hi/world/europe/8289166.stm

    Mass rally in Italy over freedom of speech, how can we contact the organisers. This could be a joint fight. Some say 300′000 hit the streets. This can only be a good thing, how can we rally like this? How was the poll tax rally arranged? Lets contact as many groups for free speech and fight this on a global scale. The Mccanns are the tip of the iceberg.

    “Berlusconi is bad for Italy’s health,” read one banner, while a slogan on some protesters’ T-shirts said: “Now you can sue me too”.

    “We ask the prime minister to stop the campaign of accusations against journalists and to tell the truth,” Franco Siddi, head of the Italian Press Federation, told the rally.

    ReplyDelete
  27. Fewer and fewer people are buying the Mail. In fact fewer and fewer people are buying newspapers. The newspaper as we knew it had its heyday in the 20th century; in the 21st century it is an obsolete business model. They try everything they can to stop the decline but the fact is that their news is out of date before they print it and fewer and fewer people are interested in their biased presentation and twisted commentaries. They insult the peoples' intelligence by assuming that the trash they put out will be believed. Like the good doctors in the never-ending saga newspapers have been well and truly rumbled.

    T4two

    ReplyDelete
  28. I can not find the Daily Mail's article.
    What is its title?

    ReplyDelete
  29. http://www.dailymail.co.uk/news/article-1217863/Bungled-Jersey-child-abuse-probe-branded-20million-shambles.html

    ReplyDelete
  30. McCanns 'are hiding a big secret', former police chief claims

    In todays Daily Mail.

    After only 7 comments the mail now says:

    "We are no longer accepting comments on this article."

    ReplyDelete
  31. Back in the days of free press:


    http://www.timesonline.co.uk/tol/news/world/europe/article2422967.ece

    ReplyDelete
  32. http://mikepriestley.blogspot.com/2009/10/leaders-debate-on.html#comments


    May lead us nowhere but he is asking for comments on Gordon Brown...he has posted mine, so good luck.But please be gentle he seems like a nice guy.

    ReplyDelete
  33. http://www.dailymail.co.uk/news/article-1217863/Bungled-Jersey-child-abuse-probe-branded-20million-shambles.html


    Goverment use another case to put down Grime and his Cadaver dog.

    ReplyDelete
  34. In "The McCann Files":

    Mr. Tony Bennett wrote:

    "Kirwans (lawyers) offered to assist us with concluding written terms of settlement with the McCanns, via Carter-Ruck, if we paid them a retainer of £5,000 plus VAT. After a short period of consideration, Debbie and I decided that neither of us could afford this. We offered the sum of £500.00 to Kirwans for their advice to date which was accepted and paid by us. I should explain that this was in respect of several hours of advice and assistance from Kirwans during the period 24 September until today, notably including a sentence-by-sentence analysis of the '60 Reasons' book by Partner Michael Sandys, for which we are grateful.
    As we cannot afford further legal help, we shall have to deal with any further correspondence with Carter-Ruck ourselves."

    How sad and disappointing is it that no legal firm is willing to help "The Madeleine Foundation", Mr. Bennett and Mrs. Buttler and represent them "pro-bono"!
    It is so frustrating to see that good honest people who fight for the truth have NO right to legal aid of any kind while a pair of child neglectors( at the very least)get all the help in the world!

    ReplyDelete
  35. I dont understand why no newspaper has seen throught the fog.

    Gerald says he checked the children at 9:10 and saw Madeleine then.

    No one else, not their friends or Kate, says they saw Madeleine at any other time since the McCanns say they left the children.

    So (if we assume that Gerald McCann is telling us the truth)only one check confirmed her presence or status (as being alive) took place.

    Is it acceptable not to check your children for 1 hour like that?

    What exactly is the legal position in Portugal?

    The checks they claim were made by the friends were not complete checks, apparently listening only (for what, breathing?) was employed.

    Who knows the Portuguese law?

    ReplyDelete
  36. Interesting that the Mail uses the term 'bungled'.

    They are obviously spending money on trying to undermine all evidence.

    Do they not relaise that they public opinion is deep rooted? 'Doing a McCann' is now part of the language!

    ReplyDelete
  37. http://www.timesonline.co.uk/tol/comment/columnists/minette_marrin/article6860199.ece

    Typical, the rich and famous seem to support people who abuse and harm children!

    Odd how this writer didnt say the same things about the McCann's though, when the rich and famouse stepped forward with money for them to defend their neglectful behaviour and the charges being levelled toward them by the police!

    ReplyDelete
  38. LENNY HARPER UNCOVERS THE LIES OF THE DAILY MAIL. A MUST READ:

    http://stuartsyvret.blogspot.com/2009/09/lenny-harpers-guest-posting.html

    ReplyDelete
  39. Hi Joana read very carefully the link I have posted...scroll down to the Coconut shell findings. This was a lie. The Coconut Shell that has now disappeared.

    ReplyDelete
  40. LENNY HARPER’S GUEST POSTING.
    A GOOD, STRAIGHT COP RESPONDS

    TO THE JERSEY ESTABLISHMENT’S LIES.

    Some “Inconvenient” Conclusions:

    Attorney General William Bailhache
    Tried to Stop Wateridge Being Charged.

    Documentary Evidence Proves Dig at HDLG
    Was Justified.

    Evidence of Mr. Harper’s Professionalism and Integrity
    Destroys Jersey Establishment Smear-Campaign.

    Police Had Intelligence of Forced, Illegal Abortions
    And a Still-born Baby at HDLG.

    Anthropologist’s Records Showed Many
    Suspected Human Bone Fragments.

    Police Had Intelligence of Children
    ‘Not Being Seen Again’.

    Expert’s Theory That Solid Fuel Furnace in the West Wing
    Was Used to Dispose of Human Remains.

    Possibility of Unexplained Child Deaths
    Still Unresolved.

    ACPO Reports Endorsed Investigation.

    The Successful Prosecutions
    All Work of Mr. Harper’s Team.

    Many Serious Suspects Still at Large.

    Gradwell and Warcup Fail
    To Bring them to Justice.

    Political Pressure and Interference
    By Jersey Establishment.

    Gradwell and Warcup Press-Conference
    Discredited.

    Spin, Lies and Smear-Campaign by Jersey Establishment
    Proves Existence of Culture of Concealment.

    Part of link posted
    IRON

    ReplyDelete
  41. Quote from Lenny Harper

    Lenny Harper;"Bill Ogley then intervened to ask me, “You do realise this could bring down the Government?” I told him that was not my concern. My concern was getting to the truth."

    ReplyDelete
  42. I cannot believe how many people are having their lives thrown into turmoil by these Mc Canns surely they should be stopped. It will the FSS at Birnmingham next being discredit. Why would anyone want to help this couple find their daughter now because they know what happened to her. Arrogant narcissitical unfit parents. I bet the Portugeous now wished they had done them for child neglect!!!

    ReplyDelete
  43. http://madeleinefoundation.org/main/2009/10/gerry-mccanns-latest-blooper-in-lisbon/


    Mccanns BLOOMER...




    IRON

    ReplyDelete
  44. Any news on Tony Bennett's and Debbie Butler's meeting in Cardiff yesterday?

    ReplyDelete
  45. Didn't Dr Amaral say that he would be calling witnesses when he goes to court.

    So could this have something to do with the attempt to discredit the dogs before this happens, and can we expect more of the same?

    Despicable.

    The dogs have never been wrong and because they didn't actually find a dead body in Jersey doesn't mean there never was one.

    There were enough children all saying the same thing about what went on in that place and how evil it was.

    Is the guy who wrote the article saying they were all lying.

    So why doesn't he go say it to their faces.

    If he dare.

    ReplyDelete
  46. http://www.dailymail.co.uk/news/article-490254/McCanns-hiding-big-secret-police-chief-claims.html

    ReplyDelete
  47. Regarding to the 'stand alone' evidence the investigator says they have.

    Might it be A PHOTOGRAPH??

    And is this how they KNOW that Madeleine is dead.

    The Prosecutor told the investigators to find the body so that he would know what charges to bring, so what convinced him Madeleine was dead?

    There is much that has not yet been revealed that is known to the investigators. Dr Amaral has hinted there are things that he knows also that have not been put in his book.

    Evidence saved for when they can reopen the case that they don't want made public yet?

    It is doubtful the McCanns will end up taking on Dr Amaral in Court in a defamation case, but it would be interesting to know if they dare.

    They would be taking a big risk.

    ReplyDelete
  48. The Universal Declaration of Human Rights Article 19, Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

    It is purely my opinion and my expression that I write this comment. Anyone who decides to become a public figure must realise that if they use the media to their advantage must also be aware that they will become under scrutiny from the media.

    The MaCanns seem to have opened a can of worms.

    I also have a some questions,the night Madeline was "taken"
    did Mr. McCann on his checks say that he thought that someone was hiding in the apartment ifthat is fact why did he not alert anyone...very strange.

    Did he just re-join the holiday group?

    Very strange

    ReplyDelete
  49. Wasn't it Jane Tanner who said that Gerry was very late back to the Tapas.

    So where had he disappeared to?

    And was he back by the time Kate left to do the check and screaming bit?

    ReplyDelete