My dear colleagues:
I am writing in English because I attended to an Erasmus conference in the “Universidade Católica of Lisbon” on Friday afternoon and I thought it would be interesting to provide the opportunity for my report to be read in this blog, not only by master colleagues but also to our foreign classmates that were in the conference.
Like Professor Hilmar Fenge has said in the conference, we have to share our experiences and culture with all countries and specially with other communitarian fellows, and I am trying to share my own view in this exposed work.
The conference was lead by Professor Hilmar Fenge, Professor Vasco Pereira da Silva, and by another two French professors who I didn’t have the opportunity to hear.
However, I will talk about the first intervention of the day, which was made by Vasco Pereira da Silva, addressing the theme “new technologies and information” and the impact those aspects cause in law and in the judicial system. It is a well known fact that new technologies are increasing day by day, and despite the advantages they have brought to our world, they also brought other problems to our society.
There are three major attitudes about that concern: firstly it is the euphoric mentality of those who think that technology solves every problem and brings better effects, completely forgetting the worst results that it provides. Secondly there are the sceptics, who think that technologies only bring terrible consequences to the human being producing harmful effects. Finally the moderate tendency tries to handle the better side of those two radical positions in order to make them compatible and useful for us, avoiding the extreme approach to that issue.
In fact, technologies are in general a great benefit, but they have to be used and produced in a rational manner and this has to be an important concern also in justice. Professor Vasco Pereira da Silva said that the highest technologies provide a huge and quick access to the information, which is an important tool for lawyers, but also brings a necessary change in the law system regulation in three different matters. First in the constitutional subject, a change in attitude is required by the legislator and by all the law magistrates, in order to understand and to interpret the constitution adapted to nowadays. In second place, there have to be changes in the public authorities, like the police forces, that have to guarantee the respect for personal rights when they are investigating. Also the judges and the courts have to be very careful when they order the investigation, avoiding unnecessary personal right violations. This is a quite obvious situation, exemplified when courts compel the police authority to follow a person who is a suspect for a crime but hasn’t been charged yet. This person has to be respected in his or her fundamental rights. Another thing that is very important to be changed by tribunals, is the way they deal with the increasing pressure by the media, in order to avoid that some confidential information leak to the public. Particularly in Portugal this is quite common. Confidentiality is a vital action avoiding suspected persons to have a public condemnation before being formally charged and trialled. This is the only way to defend every fundamental right of the accused. In the administrative law a particular attention has to be paid to the increase in new technologies, because some parts of the administrative procedure act has to be done only by human beings that should not be substituted by computers or any other intelligence technology. Professor Vasco Pereira da Silva has given the example of the right to be heard of the interested people/parts during an administrative procedure, which must be always performed by humans rather than by computers.
João Guerra
I am writing in English because I attended to an Erasmus conference in the “Universidade Católica of Lisbon” on Friday afternoon and I thought it would be interesting to provide the opportunity for my report to be read in this blog, not only by master colleagues but also to our foreign classmates that were in the conference.
Like Professor Hilmar Fenge has said in the conference, we have to share our experiences and culture with all countries and specially with other communitarian fellows, and I am trying to share my own view in this exposed work.
The conference was lead by Professor Hilmar Fenge, Professor Vasco Pereira da Silva, and by another two French professors who I didn’t have the opportunity to hear.
However, I will talk about the first intervention of the day, which was made by Vasco Pereira da Silva, addressing the theme “new technologies and information” and the impact those aspects cause in law and in the judicial system. It is a well known fact that new technologies are increasing day by day, and despite the advantages they have brought to our world, they also brought other problems to our society.
There are three major attitudes about that concern: firstly it is the euphoric mentality of those who think that technology solves every problem and brings better effects, completely forgetting the worst results that it provides. Secondly there are the sceptics, who think that technologies only bring terrible consequences to the human being producing harmful effects. Finally the moderate tendency tries to handle the better side of those two radical positions in order to make them compatible and useful for us, avoiding the extreme approach to that issue.
In fact, technologies are in general a great benefit, but they have to be used and produced in a rational manner and this has to be an important concern also in justice. Professor Vasco Pereira da Silva said that the highest technologies provide a huge and quick access to the information, which is an important tool for lawyers, but also brings a necessary change in the law system regulation in three different matters. First in the constitutional subject, a change in attitude is required by the legislator and by all the law magistrates, in order to understand and to interpret the constitution adapted to nowadays. In second place, there have to be changes in the public authorities, like the police forces, that have to guarantee the respect for personal rights when they are investigating. Also the judges and the courts have to be very careful when they order the investigation, avoiding unnecessary personal right violations. This is a quite obvious situation, exemplified when courts compel the police authority to follow a person who is a suspect for a crime but hasn’t been charged yet. This person has to be respected in his or her fundamental rights. Another thing that is very important to be changed by tribunals, is the way they deal with the increasing pressure by the media, in order to avoid that some confidential information leak to the public. Particularly in Portugal this is quite common. Confidentiality is a vital action avoiding suspected persons to have a public condemnation before being formally charged and trialled. This is the only way to defend every fundamental right of the accused. In the administrative law a particular attention has to be paid to the increase in new technologies, because some parts of the administrative procedure act has to be done only by human beings that should not be substituted by computers or any other intelligence technology. Professor Vasco Pereira da Silva has given the example of the right to be heard of the interested people/parts during an administrative procedure, which must be always performed by humans rather than by computers.
João Guerra
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