How the Justice System is worked

The justice system in Portugal is not known for its efficiency, particularly in regards to combatting corruption. In Madeira, the justice system is highly compromised. A web of regime-chronyism has been built over more than three decades.

1. Bertie does not need to control the hierarchies, he only needs sympathisers and informants in crucial positions in the main entities: Investigative Police (PJ), Public Prosecutor's Office and the Courts (i.e. judges)

2. The Investigative Police have investigated corruption and abuse of power and their investigations have secured important convictions. They are very careful with information within the hierarchy, as they are aware of their weak spots.

3. Their investigations are sent on to the Public Prosecutor's Office, which is one of the weakest and most compromised links in the justice system. Many a thorough investigation has been thrown out by the PP's Office, even where the information is more than sufficent to convict. The PP's Office has long been rife with Prosecutors who have strong ties to the Regime, and the national hierarchy has rarely acted on the information it has at its disposal to remedy this situation. It was no coincidence that for the 'Cuba Livre' operation DIAP (anti-corruption unit) totally bypassed the Madeira Office.

4. One of the main problems with the Public Prosecutor's Office is that it is unaccountable and has unlimited powers - to shelve inquiries, that is. Only those who are direct victims to a scheme can appeal the PP's decision and they are not always notified. State Entities, be it Investigative Police, National Comission of Elections, Court Auditors etc, who send cases to the PP's Office for prosecution have no right to appeal the latter's decision to throw out the case. Ditto for any citizen who denounces corruption, providing all the necessary facts. The Public Prosecutor's Office is all-powerful and there is no control in the hierarchy to prevent situations of conflict of interest and corruption/negligence (it is hard to tell them apart since one of the most effective ways of letting someone off the hook is simply to allow the crime to prescribe).

5. Finally, there is the Trial phase. Since this stage is more public, it is harder for the powers that be to manipulate it. Nevertheless a lot of pressure is exerted on judges and there are judges who have judged corruption cases and who's other half is known to be highly involved with regime corruption. Often, the case has already been diluted by the Public Prosecutor's Office by the time it reaches Court, ensuring that any damage is minimal.  The judge can also throw the case out before going to trial, in which case it is up to the Public Prosecutor to appeal  the decision or not.