TY - JOUR
T1 - Comentário do acórdão Correia de Matos c. Portugal do TEDH na perspetiva da discriminação de grupos profissionais
AU - Maia, Catherine
AU - Mendel, Rafaela
N1 - Publisher Copyright:
© 2024 Universidade Portucalense. All rights reserved.
PY - 2024/6/30
Y1 - 2024/6/30
N2 - The purpose of this commentary is to analyse the contribution of Judge Paulo Pinto de Albuquerque, a member of the Grand Chamber, to the judgment of the European Court of Human Rights (ECtHR) in the case of Correia de Matos v. Portugal (Application n.º56402/12) of 4 April 2018. In this case, the applicant complained of the decision of the Portuguese domestic courts refusing to allow him to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer. The ECtHR held, by nine votes to eight, that there had been no violation of Article 6 §§ 1 and 3 (c) (right to a fair trial/right to defend oneself in person) of the European Convention on Human Rights. Judge Pinto de Albuquerque expressed a dissenting opinion. The central issue addressed is discrimination of professional groups, i.e. the position of Portuguese legislation which makes self-representation impossible in criminal proceedings.
AB - The purpose of this commentary is to analyse the contribution of Judge Paulo Pinto de Albuquerque, a member of the Grand Chamber, to the judgment of the European Court of Human Rights (ECtHR) in the case of Correia de Matos v. Portugal (Application n.º56402/12) of 4 April 2018. In this case, the applicant complained of the decision of the Portuguese domestic courts refusing to allow him to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer. The ECtHR held, by nine votes to eight, that there had been no violation of Article 6 §§ 1 and 3 (c) (right to a fair trial/right to defend oneself in person) of the European Convention on Human Rights. Judge Pinto de Albuquerque expressed a dissenting opinion. The central issue addressed is discrimination of professional groups, i.e. the position of Portuguese legislation which makes self-representation impossible in criminal proceedings.
KW - European Convention on Human Rights
KW - European Court of Human Rights
KW - principle of non-discrimination
KW - right to a fair trial
KW - right to self-representation
UR - http://www.scopus.com/inward/record.url?scp=85193692859&partnerID=8YFLogxK
U2 - 10.34625/issn.2183-2705(35)2024.jur-02
DO - 10.34625/issn.2183-2705(35)2024.jur-02
M3 - Article
AN - SCOPUS:85193692859
SN - 2183-5799
VL - 35
SP - 12
EP - 24
JO - Revista Juridica Portucalense
JF - Revista Juridica Portucalense
ER -