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This dissertation is based on the analysis of the audio listen bugging case of Gürtel, in which the judge Baltasar Garzón, while investigating a case regarding economic and financial crimes from an outlaw organization, ordered the bugging of conversations taken place in prison between the lawyer and the accused. He did so in order to understand if the defendants were maintaining the criminal organisation even after being arrested. This
would only be possible if the defendant’s lawyers were condoning it. The judge’s action may have compromised the constitutional rights of de defendants, valid to all citizens, and consequently the Democratic State of Law, thus revealing that those who are in charge of the jurisdictional enforcement power are not applying the law in an impartial and rightful way.
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Direito penal Garantias constitucionais Direitos fundamentais Arbitrariedade Sigilo profissional Confidencialidade Direito de defesa Crime organizado Espanha Teses de mestrado - 2021
