THE OPTICAL ILLUSION OF THE RIGHT OF DEFENSE
THE OPTICAL ILLUSION OF THE RIGHT OF DEFENSE

Summary/Abstract: The modern judicial system has as its unwavering axiom the right of defense in close and cohesive bond with the principle of free access to justice as well as the right to a fair trial. The famous French Revolution, which put the fundamental rights and freedoms at the center of philosophical thinking, just as Renaissance had placed man at the center of the universe, wanted to end a system tributary to false judgment and to the priority of rank. The contemporary Romanian era promoted, through the entire judicial reform, an axiomatically improved judicial system, linked, at least declaratively, to free access to justice, to celerity and to the elimination of various types of abuse in the exercise of the right of action, on the one hand, and, on the other hand, in tributary judgment. Justice has, since ancient times, been symbolized by the lady with the blindfold, holding the scales. From an axiomatic point of view, this symbol meets the human desire to see in justice a divine act of triumphing truth, or is perceived in a derogatory manner as in the nowadays remark that justice is blind and the judicial act tributary to a judicial mechanism regarding the administration of evidence and the relativity of legal truth.

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