José Manuel Bolieiro places human dignity at heart of debate on justice - Communication

Presidência do Governo Regional

The President of the Regional Government, José Manuel Bolieiro, called for a justice system more accessible to citizens, “regardless of the island where they live,” expressing his support for the Bar Association’s proposal to use videoconferencing in certain legal proceedings held in the Azores.

The position was set out during the Commemorative Opening Session marking the Bar Association’s centenary, which took place at the Aula Magna of the University of the Azores, in Ponta Delgada. The session was part of the 14th Convention of the Delegations, held between 5 and 7 November, under the theme “The Delegations as observatories of practice and laboratories for solutions for the legal profession in the 21st century: Tradition, Innovation, Technology and Proximity.”

The head of the Azorean Government began by paying tribute to the Bar Association’s centenary, highlighting the role of the legal profession in defending freedom, fundamental rights and the rule of law.

“There is no true justice without lawyers who are free, independent, resilient and technically competent,” he stated, emphasising that the independence of lawyers, professional confidentiality and freedom of representation are not privileges of the profession, but guarantees for citizens.

For the President of the Government, practising law means taking on the responsibility of standing alongside those who need to defend their rights, their freedom and their dignity, even in the face of authority or in situations of greatest vulnerability.

In this context, José Manuel Bolieiro once again drew attention to the situation at Ponta Delgada Correctional Facility, criticising the State’s delay in “finding a suitable solution for that facility. The President of the Regional Government urged the Bar Association to continue defending the rights of Azorean prisoners, denouncing the “negligence of the State,” which, as he stated, has repeatedly postponed a response regarding that correctional facility.

José Manuel Bolieiro pointed out that living across nine islands, each with different geographical and demographic realities, requires “tailored responses” to ensure genuine equality of opportunity in access to the courts.

Quoting a phrase from the proposal put forward by the Bar Association, the President of the Regional Government emphasised that “practising law in the Azores means practising law with the sea in between.”

A reality which, as he observed, can turn a judicial procedure lasting just a few minutes into a journey of one or two days between islands, with added costs for citizens, lawyers, legal aid and the State.

“It is precisely because there is the sea in between that formal equality does not always prevail," he emphasised.

In this context, the head of the Azorean Government welcomed the Bar Association’s initiative to draw up a draft bill to allow lawyers to participate, via videoconference, in certain judicial proceedings conducted by the Public Prosecutor’s Office in the Azores.

José Manuel Bolieiro considered the proposal “fair, sensible and modern.” In this regard, he emphasised that it is not intended to replace in-person court proceedings with virtual ones, but rather to use the available technological resources to address inequalities caused by geographical distance.

The solution allows lawyers to request remote participation, without imposing any obligation, whilst safeguarding the rights of the defence and ensuring that hearings for discussion and judgement, as well as the direct examination of evidence, remain in person, except for reading out the judgements.

The President of the Regional Government made a point of clarifying that he does not view this measure as a special benefit for the Azores.

“I do not regard this as a privilege for the Azores. I regard it as the correction of an inequality that exists solely because we are islands,” he stated.

Recalling that the Constitution of the Portuguese Republic enshrines the correction of inequalities arising from remoteness, José Manuel Bolieiro expressed “openness and commitment” to ensuring that the proposal is considered and may give rise to a legislative initiative at the National Assembly.

The President of the Regional Government also considered that the celebration should serve not only to commemorate the institution’s history, but also to reflect on the challenges facing the legal profession and the justice system.

In his view, tradition and innovation are not incompatible; rather, they complement one another when the aim is to preserve fundamental values and find solutions to current problems.

“Justice must be close to the people,” he declared, adding that, in the Azores, this proximity is all the more essential.

Therefore, he defended that the sea – a central element of Azorean identity and the archipelago’s connection to the world – must not become an obstacle to the exercise of rights or a factor contributing to inequality.

José Manuel Bolieiro conveyed a message of confidence in the Azores’ ability to overcome the limitations of geography through knowledge, innovation and ambition.

“Geography may create distance, but it does not condemn us to intellectual exclusion, he said, recalling the contribution of several generations of Azoreans who have distinguished themselves in science, culture, literature and politics.

The head of the Azorean Government concluded by expressing his hope that the next hundred years of the Bar Association would be marked by the ongoing defence of freedom, human dignity, the rule of law and justice.

This message was directed particularly at the Azores, where, as he emphasised, “it is essential to ensure that no citizen is further removed from justice simply because they live on an island.”

The session was also attended by the President of the Bar Association, João Massano, the Mayor of Ponta Delgada, Pedro do Nascimento Cabral, and the Rector of the University of the Azores, Susana Mira Leal, as well as representatives from regional entities and the Bar Association’s regional section, and other institutional guests, who joined in this celebration of the institution’s hundred-year history.