Commentary on Judgment No. 17160 of 2024: Appeals and Filing of Documents

The 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 regulation concerning the filing of appeal documents. In a constantly evolving legal context, it is essential to understand how the currently applicable rules influence the right to defense and access to justice.

The Emergency Regulation 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 at the judicial office where the private parties or their defenders are located. This aspect assumes crucial importance, especially during a period when pandemic-related restrictions have complicated movement and access to courts.

Emergency regulation referred to in Article 24, paragraph 6-bis of Decree-Law No. 137 of 2020 - Filing of the appeal document at the judicial office where the private parties or their defenders are located - Possibility - Existence. Regarding appeals, under the validity of Article 24, paragraph 6-bis of Decree-Law No. 137 of October 28, 2020, converted with amendments by Law No. 176 of December 18, 2020, it remains permissible, pursuant to and for the effects of the provisions of Article 582, paragraph 2, of the Criminal Procedure Code, to file the appeal document at the court registry or at the justice of the peace of the location where the private parties or their defenders are present.

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 a legal proceeding. This implies that the filing of documents does not necessarily have to occur at the court of the place of residence but can also take place in different contexts, thereby ensuring greater flexibility.

Legal and Jurisprudential References

The judgment in question fits into a well-defined legal framework, referencing regulations and previous jurisprudence. Among the regulatory references, the following are highlighted:

  • New Criminal Procedure Code, Article 582, paragraph 2
  • Decree-Law No. 137 of 28/10/2020, Article 24, paragraph 6
  • Law No. 176 of 18/12/2020

Furthermore, the Court cited previous judgments that have addressed similar issues, consolidating a jurisprudential path aimed at ensuring the right to defense in emergency situations.

Conclusions

Judgment No. 17160 of 2024 represents a significant step toward the protection of the rights of parties in the context of appeals. The flexibility introduced by the emergency regulation not only facilitates access to justice but 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 more equitable and accessible legal system for all.

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