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15 十月 2025在 Iberian Lawyer Lisbon funicular tragedy: the legal aftermath

The Elevador da Glória incident, described by Prime Minister Luís Montenegro as “one of the greatest human tragedies in our recent history”, highlights the legal complexity of events of this nature. Coverage and responsibilities involve insurance law; the role of the State and the operator, public law; and criminal lawyers may be called upon to support victims or defendants.

Invited by Iberian Lawyer to comment this tragedy, Tiago Melo Alves, founding partner of Melo Alves, notes that once the technical cause of the tragedy has been determined, it is necessary to “establish the causal link between that factor and the damages suffered by the victims” in order to individualise responsibility. “Criminal lawyers may act both alongside victims or families, as assistants in the criminal process,and in the defence of any defendants”, he states.

According to Tiago Melo Alves, there is unlikely to be sufficient evidence for negligent homicide, but “the violation of technical duties, such as failure to comply with safety checklists, would more easily fall under this specific crime”. He recalls precedents such as Entre-os-Rios and Pedrógão, where charges of negligent homicide ended in acquittal. “The Public Prosecutor, pressured by public opinion, tends to charge for homicide, and then cannot prove it. Often, if the ‘right crime’ were charged, there would be a conviction”.

In his view, criminal liability should be “a last resort”, after civil, administrative or disciplinary responsibilities have been assessed.