THE ADVOCACY INSTITUTIONAL AND THE GUARDIANSHIP OF RIGHT OF DEFENDING

Abstract

Th e paper analyses the attacks suff ered by the fundamental right to counsel. It considers the protection of the right of defence aff orded by our current legal system to be inadequate. Th is is due to the absence of a preferential summary procedure to turn to and, specifi cally in the criminal fi eld, no separation between proceedings and the supervisory judge. An appeal before the Constitutional Court or an ordinary appeal are inadequate. Th e paper looks at attacks on the right of defence when they aff ect lawyers’ actions, their independence, freedom and professional confi dentiality. Bar associations and legal practice institutions have resources to protect lawyers from these attacks, and thereby protect the right of defence. Assistance aff orded by bar associations is the institutional means by which lawyers are protected in their professional practice, and diverse measures can be taken to make that protection real and eff ective.