O contexto político do período revolucionário em Portugal: a adesão ao Conselho da Europa em 1976 e a ratificação da Convenção Europeia dos Direitos do Homem em 1978. Comentários sobre uma decisão judicial

Abstract

Comments and framework of a due (or lack off) process of law. Article 6 of the European Convention of Human Rights. (Right to a Fair Trial) AFFAIRE COMPANHIA AGRICOLA DE PENHA GARCIA, S.A. ET 16 AUTRES AFFAIRES «REFORME AGRAIRE» C. PORTUGAL. ECTHR 19/12/2016 (Definitif 19/03/2007), application no. 1999/04. The interesting part of this case law that was filed against the Portuguese State is that it was the author´s family, among others, that moved this case law. We will describe the social, political, and economic context that gave rise to the facts and comment on the court´s decision and its framework. The Portuguese State lost this case law and was condemned to pay more fair compensation for economic and moral damages. This case law can serve as a future example in which similar situations occur, emphasizing the fact that it is always worth fighting for our rights, even if the other side is much more powerful.