I don't know anything about Portuguese law or if their courts operate like ours. But from the McCanns' standpoint, suing the newpapers might end up benefitting them in the long-run. If they are forced by cross-examination to reveal any information about Madeleine's disappearance, I imagine that would color any criminal case brought against them for it. It it might be enough to get charges dropped for self-incrimination.
Apparently I am quite wrong in assuming that Portugal would be subject the the same law system with regard reporting of cases and information on a charged suspect pre-trial as the UK. So apologies on this point.
In Britain, once a suspect is charged, you cannot write about the case until after the trial, to protect the
right of the suspect to a fair trial.
In Portugal, you can't write anything before the suspect is charged to
protect the police investigation. But, once a suspect has been charged, apparently you can write about thr case pre-trial.
Source: Sky site Portuguese Law : May 8 - Madeleine McCann.
The law regarding leaving children in Portugal unattended seems so complex that I've given up trying to figure it out from websites.
It looks like it is still under the archaic legal heading of 'paternal law' - rather than 'parental law', for any interested female posters!
But there seem to be lots of added amendements etc and there may have been subsequent changes as I haven't bee through it thoroughly.
I asked a social worker friend of mine whether the McCanns would be investigated in the UK for leaving their children and she said: 'Yes - definitely'.
However, my understanding is that it would have to be proved that the parents had known of the abduction risk - and decided they didn't care about it.... or that they had consistently put their children in danger, knowing that abduction was a likely threat. Complicated.
I don't think that the McCanns had considered that Madeleine might be abducted, thought it was a risk, and then decided to go out anyway.
If anyone knows about Portuguese law, I'd be very interested to be informed if I'm incorrect.