Valente, M.M.G. (2006), “Do Mandado de Detenção Europeu”, Almedina Ed., Coimbra

Published on 18/05/2020

The European Arrest Warrant teleologically engages in the concept of speed and efficiency of European judicial cooperation in criminal matters and anchors on the principles of mutual recognition of criminal judicial decisions and mutual trust, and also generates “mistrust” and normative precautions. and interpretative in the (relative) abolition of the principle of double criminality. We are thus faced with the legal-criminal equation that European strategic-political aspirations strip the criminal law of its magnanimous principle of ultimate and extreme ratio and its function of balancing the protection of individual and supra-individual legal assets and the protection of the offender’s interests and rights. However, the European Arrest Warrant cannot sacrifice fundamental rights, under penalty of deifying the discovery of the truth and the realization of justice and of undermining the protection of the fundamental rights of the person sought and of all others. This path can, on the one hand, distort the balance imposed by “practical agreement” and, on the other hand, foster a total discoloration of legal peace in the Union space and distort the area of ??freedom, justice and security.

Relatório sobre "O RESPEITO PELOS DIREITOS HUMANOS EM PORTUGAL (2014). Divisão da Democracia, Direitos Humanos e Trabalho. Departamento de Estado dos E.U.A.

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