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2021-07-02
Marta Duarte talks about simplifying legal proceedings

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As part of the simplification of legal procedures, the regime of the injunction on lease was approved, which allows tenants to resort more quickly to the defence of certain rights. However, this regime calls into question the landlord's right to defence and exercise of the contradictory, a fundamental principle in any legal proceedings. In an opinion piece for the Jornal de Negócios, Marta Duarte, Partner at the CCA’s Litigation and Arbitration department, discusses the need to streamline legal proceedings, but not by flouting the rights of the parties.

"One of the fundamental rights of citizens is the right of access to courts to defend their rights and interests, and the right to the contradictory  is one of the fundamental principles of any judicial procedure. In any legal procedure, every citizen must have the right to present their version and to defend themselves", underlines Marta Duarte, adding that "simplification and streamlining  are always welcome, (...) however, such streamlining cannot be done to the detriment of the trampling of the rights of the parties in a legal procedure, whether it is the most complex or the simplest".