“The main issue with the functioning of the Portuguese courts is the lack of reform for a long time. There was a perspective that it was better not to change than to spoil,” explained João Cura Mariano, who has led the Supreme Court of Justice (STJ) since June 2024.
“Since my election, I have launched the challenge of reform. I have maintained a continuous dialogue with the political authorities and everyone agrees,” stated the judge.
“Just the day before yesterday [Thursday] I was in the Assembly of the Republic, and all parties expressed support for the necessary measures. It begs the question why nothing happens afterward,” the magistrate added.
João Cura Mariano acknowledged that administrative and fiscal justice is a challenge “that has dragged on for many years,” with cases whose final decision “often takes 20, 25 years.”
Nonetheless, the president of the STJ argued that justice is not as slow as it seems and lamented the negative impact on the “public perception” of mega-cases, which “always encounter setbacks and give the impression that the system doesn’t work well.”
However, the judge expressed belief that with investment in technological means and procedural reforms, including the removal of “formalities that no longer make sense,” “it would be possible to significantly speed up the process timeline.”
“Some say waiting one or two years for a sentence is not much, but real life has accelerated greatly,” João Cura Mariano noted.
Conversely, the president of the STJ argued that “major reforms, like plea bargaining, which involve political choices, are not so urgent and likely need more maturation.”
Plea bargaining, serving sentences before judgments are final, and the creation of a specialized court for highly complex cases are some of the suggestions from a working group created in October 2023 by the Superior Council of the Judiciary and coordinated by Judge Helena Susano.
Some of the proposals have been discussed over the years but never progressed, mainly due to doubts raised about their constitutionality.
As president of the STJ, João Cura Mariano by virtue also presides over the Superior Council of the Judiciary.
The judge was speaking at a public event in Macau, where he will participate on Sunday in the 13th edition of the forum gathering presidents of the Supreme Courts of Justice from Portuguese-speaking countries and territories.
