In the opinion piece, Luís Ganhão addresses the problem of the slowness of justice in Portugal, arguing that it cannot be measured solely by the final outcome, but also by the time it takes to produce it. A decision that arrives too late may leave unrepaired the damages suffered by those who sought the courts. The author acknowledges that the judicial apparatus has not received all the human, material and organizational resources it needs.
Ganhão presents two realities that contribute to the problem. First, with the advent of democracy, new rights were recognized and protected — of women, children, consumers and animals — which created more possibilities for violations of these rights and, consequently, more conflicts reaching the courts. Second, society is becoming more litigious, with trust between people decreasing and the need to resort to formal mechanisms to enforce rights and obligations.
The author argues that the slowness of justice cannot be explained by a single cause. Although it is fair to demand more resources and greater efficiency from the judicial system, it is also necessary to recognize that a more complex society that turns to the courts more frequently places growing pressure on justice. Investment in the judicial apparatus is indispensable, but it will not be sufficient on its own.
Ganhão concludes that swift justice depends not only on how quickly courts decide, but also on the number of conflicts they are asked to decide. The capacity of society to prevent conflicts, honor commitments and resolve disputes without resorting to courts is equally essential. A footnote notes that the Superior Council of Administrative and Tax Courts predicts that changes to immigration and asylum laws will create an exponential increase in cases in administrative courts.
