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Em defesa do Estado de direito |
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 «Os Portugueses têm de acreditar que existe justiça no seu País, que ninguém está acima da lei. Sei que a grande maioria dos magistrados se empenha, séria e discretamente, em fazer bem o seu trabalho.» «- Now, would you describe the contrast, if any... after the coming to power of National Socialism in...?
- Judges became subject to something outside of objective justice. They became subject to what was necessary for the protection of the country.
- Would you explain this, please?
- The first consideration of the judge... became the punishment of acts against the state... rather than objective consideration of the case.
- And what other changes were there?
- The right to appeal was eliminated. The Supreme Court of the Reich was replaced by... People's and Special Courts. The concept of race was made a legal concept for the first time.
- And what was the result of this?
- The result? The result was to hand over the administration of justice... into the hands of the dictatorship.
- Now, Dr. Wieck... Col. Lawson, I would like to ask a few questions. Did the judiciary protest these laws abridging their independence?
- A few of them did. Those who did resigned, or were forced to resign. Others adapted themselves to the new situation.
- Do you think the judiciary was aware of the consequences to come?
- At first, perhaps not. Later it became clear to anyone who had eyes and ears.»
Stanley Kramer, Judgment at Nuremberg, 1961
Há alturas na vida dos povos em que a consciência do dever se tem de impor à carreira e ao bem-estar pessoal. Face à corrupção de Estado, à deriva autoritária e ao domínio do poder judicial pelo poder político, chegou o momento de os magistrados portugueses fazerem um pronunciamento público em defesa do Estado de direito.
por António Balbino Caldeira
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