O processo disciplinar no Estatuto da Ordem dos Advogados portugueses: entre a vertigem de uma estrutura acusatória e a miragem da protecção dos direitos fundamentais do advogado arguido

The exercise of disciplinary action, for the practice of misconduct by a lawyer or trainee lawyer, is the sole responsibility of the O.A., as professional body representative of their peers. The disciplinary procedure prescribed in the statute of the O.A., presents a framework for an integrated accusatory principle of research. The participation of the rapporteur of the disciplinary proceedings in the voting of the resolution imposing a disciplinary sanction is substantively unconstitutional for violating paragraph 5 of article 32nd of the Portuguese Constitution. The requirement to comply with this legislation stems, ultimately, from the similar nature of the fundamental rights of the accused lawyer or trainee lawyer to the rights, freedoms and guarantees protected in criminal proceedings.