After all, what happens in Portugal?
The Constitutional Court today rejected the request of the Attorney General of the Republic, Lucília Gago, to declare the nullity of the decision that declared the metadata law unconstitutional.
Faced with the theory of Attorney General of the Republic, criminal proceedings that use metadata as evidence may be annulled in view of the Constitutional Court’s decision. But what is the Metadata Law anyway?
What is the Metadata Law anyway?
The Metadata Law stipulates the retention of traffic data and location of communications made, for one year, with use, if necessary, in criminal investigation.
In a statement released today by the judges of Ratton Palace, "the Constitutional Court (TC) decided not to take cognizance of the request of the Attorney General of the Republic that invoked the nullity of Judgment 268/2022, since it lacks procedural and constitutional authorization to raise ".
Neither text alleges that those invoked by the hypothesis were manifestly unfounded, or TC allegedly "the arguments by the formula were manifestly unfounded".
On the one hand, the permission to store the data in territory subtracted, from the jurisdiction of an independent administrative authority, to the violation of the European Union rule regarding all data unconstitutional of the European Union in article 4. º (point 16. of the reasoning)", he says.
On the other hand - the court continues -, "the effects of the entry into force of the declaration of unconstitutionality are determined by the Constitution and not by the Constitutional Court and refer to the date of the date of unconstitutional norms".
It should be recalled that the Attorney General of the Republic, Lucília Gago, defends Monday that the decision of the Constitutional Court (TC) on the metadata law is null, as she understands that there is “a contradiction between the assessment and the judgment of unconstitutionality”.
They now determine something necessary: the unconstitutionality has validity of declaration until the entry into the law, that is, in a sense, the courts flooded by thousands of requests for nullity. evidence obtained through data.