The justice system, at its best, serves as the bedrock of a free and just society. It protects the rights of citizens, ensures fairness, and holds individuals accountable. However, when the justice system falters, it can do more than simply fail to provide these guarantees. It can actively undermine liberty.


A broken or corrupt justice system is not merely an inconvenience; it becomes a powerful tool of oppression, eroding the very freedoms it was designed to protect. Two high-profile cases from Portugal demonstrate this with brutal clarity.


Justice exists to safeguard the freedom of the individual to act upon his own will, provided he does not violate the liberties of others in doing so. This delicate balance is maintained through a functioning justice system which applies the law equally to all citizens, protecting them from unjust actions by individuals, corporations, or the state.


When the justice system operates properly, it acts as a guardian of liberty, curbing abuses of power and ensuring rights are not arbitrarily violated. However, when compromised, it can become a mechanism which stifles liberty rather than protecting it.


Sadly, Portugal stands as an example of a country where the justice system isn’t safeguarding individual rights, isn’t actively punishing transgressors, and isn't a reliable justice system, actively harming Portuguese citizens' trust that if their rights are transgressed upon.


In the 2023 WJP Rule of Law Index, Portugal stands out as one of the worst countries in Europe for both civil and criminal law. In civil law, among the 29 participant nations of the study, Portugal ranks 25th for effectively applying the law, 20th for a legal process without delays and the availability of alternative means for the resolution of conflicts.


In criminal law, this situation is worse still. Portugal stands 28th in having a timely and efficient adjudicating system, 27th in both having an effective investigation system and having impartial judgments, and 24th in having an effective correctional system and having an effective legal process and safeguarding the accused rights.


In addition to this grim international comparison, the Portuguese justice system fails to tackle corruption cases. Between 2015 and 2022, 75% of criminal cases for corruption ended in a suspended sentence. Between 2018 and 2022 alone, out of 1,825 cases of corruption, only 13 cases ended in the absolution of the accused and 61 in their condemnation, leaving a shocking 1,751 unresolved cases.


Naturally, these events have led the Portuguese people to be distrustful of the justice system. In a study from 2024, 36% considered the Portuguese justice system to be very bad. Another 36% found it to be bad. Only 2% considered the system to be good.


This web of distrust is only made stronger by the treatment of high-profile cases, such as those of former Prime Minister José Socrates and former banker Ricardo Salgado.


In Operation Marquês, José Socrates was accused of 31 crimes, including political corruption and money laundering. Despite this operation starting in 2014 and the former prime minister having already served nine months in preventive custody, the process is still ongoing today, having gone through several situations of dubious legal influence where crimes were forgiven only to later have this decision reversed. This whole episode has shown the Portuguese people that their justice system is far from reliable, speedy, and consistent.


The same can be said about former banker Ricardo Salgado, who was another defendant, accused of offences including corruption, money laundering, forgery and fraud. If that wasn't enough, Ricardo Salgado has been involved with four more high profile criminal cases, adding over 60 criminal charges to his record. Despite this, the Portuguese legal system failed to properly detain the former banker, who fled to South Africa. Even after a successful extradition and a condemnation for his crimes in Operation Marquês, Ricardo Salgado remains at large with a suspended sentence, making use of claims of Alzheimers to avoid prison.


One of the most common ways a justice system can go awry is through corruption and undue political influence. When judges, prosecutors, or law enforcement officers are subject to bribery, intimidation, or political pressure, the impartiality of justice is compromised. Citizens can no longer rely on the courts to be a fair arbiter of disputes or a safeguard against the abuse of power. This breeds fear and cynicism, discouraging people from seeking justice at all.


Consider the example of authoritarian regimes where the judiciary is dominated by the ruling party. In these cases, laws are often selectively applied, and political dissidents or minorities are targeted for persecution while the government’s allies operate with impunity. In such a scenario, the justice system becomes a tool of oppression, and liberty is systematically dismantled. Citizens lose faith in the idea that the law protects them, and the state becomes an arbiter not of justice, but of control.


Looking at the Portuguese example, while fortunately, the nation isn’t authoritarian, the scars left on its citizens by the perceived corruption are clear, leaving many Portuguese citizens to doubt the justice system will protect them from corrupt leaders.


A justice system which is overly bureaucratic, underfunded, or simply slow can be just as damaging to liberty as one that is overtly corrupt. When legal cases take years to resolve, when prisons are overcrowded, and when individuals languish in pretrial detention for extended periods, the justice system is effectively failing in its duty to provide timely and fair adjudication.


Delayed justice is a particular form of injustice which erodes liberty. Individuals who are wrongfully accused may spend years in legal limbo, unable to fully participate in society, find employment, or rebuild their lives. For them, the justice system is not a protector of their rights, but an obstacle to their freedom. In such cases, the mere inefficiency of the system results in a form of oppression.


In Portugal, once again we see the system failing, being slow and inefficient, leaving Portuguese citizens without hope for a quick and effective legal solution for any conflict or harm which might befall them.


Given the profound impact a dysfunctional justice system can have on liberty, it is crucial to address these issues head-on. Reforms aimed at reducing corruption, increasing transparency, and ensuring equal treatment under the law are essential for restoring faith in the system. Independent judicial oversight, the implementation of anti-corruption measures, and investment in public defenders and legal aid services are key steps which can be taken to strengthen justice systems and, by extension, protect liberty.


Additionally, education plays a vital role. Citizens ought to understand their rights and how to navigate the legal system. This empowers individuals to hold the system accountable and ensures the principles of liberty are not lost due to ignorance or fear.


We must not turn a blind eye to these flaws in our justice systems. Liberty is never stronger than when Lady Liberty and Lady Justice stand side by side.


Ricardo Filipe is a fellow with Young Voices Europe based in Portugal and a writer on politics and policy.