Authorises The Government To Modify The Arrangements Applicable To The Resources In Civil Procedure And The System Of Conflicts Of Jurisdiction.

Original Language Title: Autoriza o Governo a alterar o regime dos recursos em processo civil e o regime dos conflitos de competência.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427762446b314c5667755a47396a&fich=ppl95-X.doc&Inline=false

1 PROPOSAL of law No. 95/X explanatory memorandum 1. The architecture of the system resources of the 1939 code, approved by Decree No. 29 637, 28 may, survived the multiple legislative interventions that was the target. It is true that the reform of 1995/96 has made a significant change of the system of resources, with the main objectives to ensure a second degree of jurisdiction in matters of fact, simplify the procedural regime and to clarify the doubts raised about the system in force. Are noted, the establishment of appeal per saltum to the Supreme Court of Justice, to rule that the claims in the ordinary resources are delivered in court defendant, the judge summarily judge the appeal in certain situations and the repeal of article 2 of the Civil Code, which allowed the courts to lay down general binding force with doctrine through seats , creating instead the trial extended magazine feature, provided for in articles 732.º-A and 732.º-B. However and expressly refused an intervention deep in the foundations of the system, in particular patent option on rejection of the proposed unification of the ordinary resources, successively presented in unprecedented reform projects, have seemed more appropriate, tell us the preamble of Decree-Law No. 329/95 of 12 December, «keep such differentiation, underpinning the resource regime in force in civil procedure» Since the option for a unitary system ' would, in fact, to reshape virtually every legal precepts with respect to resources, not getting away with virtually no article of the present Code, in addition to reveal particularly hard the clear definition of the purpose to assign the ' unit ' feature, which may not obviously be the mere «collage» currently statutory schemes appeal and grievance or end up having to repescar , to delineate the schemes, the distinction between the resources linked to merit and the decision to focus on the resolution of procedural issues».

2. The Ministry of Justice decided to undertake a comprehensive and integrated evaluation of that 2 system, which, going beyond a strictly legal analysis of their regime, examine the functioning of the superior courts, featuring, as in detail as possible, the respective procedural motion and the human and material resources allocated to them and instructing the definition of administrative and legislative measures to simplify the procedure and procedural rules that favor the system's efficiency and quality of decisions. The results of this evaluation were made public in May 2005, setting off a broad public discussion with the participation of several Portuguese law schools and would later prove to be a decisive phase in the preparation of this legislative initiative. The study resulted that, in General, and since the beginning of the years 80, the number of input resources and relations in the Supreme Court of Justice has increased, representing civil resources in actions relating to civil and commercial debts of around 50% of total resources. This coincidence of material to review relations and civil sections of the Supreme Court of Justice seems to indicate that the values of action and defeat the Act, there is a typical route of appeal to the relationship followed by magazine to the Supreme Court of Justice. The evaluation revealed a near-zero use of the magazine feature per saltum to the Supreme Court of Justice, with percentages of less than 0.5% of the total resources of the magazine ended in the Supreme Court. It is true that, in recent years, has been a considerable decrease of the average durations of civil resources, whether in relationships, whether in the Supreme, reaching, in 2003, an average of four months. However, we must bear in mind that these numbers do not reflect all of the period between the filing of the appeal before the Court defendant and effective your entry in the superior court, which reaches an average of about six months, in addition, therefore, to the time that the superior courts spend, then, in its trial.

3. this reform is guided by three fundamental objectives: simplification and streamlining of procedural access quickly to the Supreme Court of Justice, accentuate their role of guidance and standardization of jurisprudence. It is intended to simplify the system of fulfilling resources noted in this regard: the adoption of a tier of ordinary resources regime; the introduction of the 3 General rule of disputes on interlocutórias decisions only with the appeal to be brought the decision puts an end to the process; the assimilation, to recursórios effects, the decisions that put an end to proceedings, whether these decisions or merit; the concentration on procedural moments only procedural to appeal and submission of claims and of the orders of admission and dispatch of the resource; and the revision surgery in the complaint of the vices and the reform of the sentence to establish that, and annulment of the decision, the request for correction, clarification or reform is always made on their claim. At the same time, to see if the complaints scheme of the order of refusal of entry, passing their trial to compete the rapporteur, in general terms; and, in the phase of the trial, changing the visa regime to the deputy judges, establishing that those only take place with the delivery of the copy of the draft judgment, processing at the same time, by electronic means. This simplification will allow significant gains in speed, not only during the trial that takes place before the Court still under appeal. Are also evident for the speed and the procedural economy projected general scheme of interlocutórias decisions in the feature that will be made of the final decision will provide the actual processing of cases in first instance. Finally, there is an option given by streamlining access to Supreme Court of Justice, seeking to respond to the remarkable growth trend of civil resources entered in this Court, where the number of resources received in 2004 is higher than in more than 90% to the value verified in 1990 and thus creating conditions for a better exercise of the function of your guidance and standardization of jurisprudence. Subsumem clearly this design of streamlining access to Supreme: the revision of the value of the purview of the relationship to € 30,000, which is accompanied by the introduction of the mandatory fixing rule value caused by the judge; the standard establishes the inadmissibility of the Appeal judgment that conforms to uniform jurisprudence of the Supreme Court of Justice, in the field of law and on the same fundamental question of law or to confirm, without vote of won and even for different grounds, the decision given at first instance, except when a question is concerned, whose enjoyment , by your legal relevance or relate to immaterial interests of particular social relevance, it is clearly necessary for better implementation of the law. Serve specifically the purpose of greater standardisation of the jurisprudence: the consecration of the right of appeal, regardless of jurisdiction and the right of the 4 decisions handed down against consolidated jurisprudence of the Supreme Court of Justice; the obligation which the rapporteur and the obligation on deputies to raise the extended trial of the magazine always to check the possibility of winning a legal solution contrary to uniform jurisprudence of the Supreme Court of Justice; and the introduction of an extraordinary resource of standardisation of the jurisprudence for full civil sections of the Supreme Court when it, in section, deliver judgment that is in contradiction with another previously given, in the field of law and on the same fundamental question of law. Are noted, the amendment of the rules governing the burden borne by the applicant that contests the decision in fact, determining that it is for the applicant, under penalty of immediate rejection of the appeal, transcript of recording passages in that great a consecration of the possibility of oral discussion of the subject of the magazine feature, when the rapporteur , ex officio or at the request of the parties, may consider necessary; or deepening the rules that establish mechanisms for defense against the use of dilatory files by the parties. Finally, we intend to expand the cases in which it is permissible to the extraordinary appeal of review, in order to suit the respective scheme to the European Convention on human rights and the rules issued by the competent bodies of international organisations of which Portugal is a party.


4. the reform of the system of resources in civil process is accompanied by a thorough review of the treatment of conflicts of jurisdiction, also guided by purposes of simplicity, speed and procedural economy. In order to avoid the perpetuation of discussion on a matter which is prior to discussion material on the cause, the conflicts of jurisdiction, in addition to should be raised of its own motion, shall be resolved urgently, in a single degree and by a single judge.

So: in accordance with subparagraph (d)) of article 197, paragraph 1 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter 1 – the Government is authorized to change the system of resources in civil procedure. 5 2-the Government is also authorized to change the system of conflicts of jurisdiction. 3-for the purposes set out in the preceding paragraphs, the Government is authorized to change: a) the code of Civil procedure, approved by Decree-Law No. 44129, of 28 December 1961, as amended by decree-laws Nos. 47690, of 11 May 1967, and 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July by decree-laws Nos. 261/75 , may 27, 165/76, March 1, 201/76, of 19 March, 366/76, of May 5, 605/76, of 24 July, 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of 3 may, by decree-laws Nos. 513-X/79 , Dec 27, 207/80, of 1 July, 457/80, of 10 October, 400/82, of 23 September, 242/85, of 9 July, 381-A/85, of 28 September, and 177/86, of 2 July, by law No. 31/86, of 29 August, by decree-laws Nos. 92/88 of 17 March , 321-B/90 of 15 October, 211/91, of July 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February, 329-A/95 of 12 December, 180/96, of 25 September, 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000 , of 20 December, by decree-laws Nos. 272/2001, of 13 October, and 323/2001, of 17 December, by Act No. 13/2002, of February 19, and by decree-laws Nos. 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27 and 53/2004, of March 18, by law No. 6/2006 , February 27, by Decree-Law No. 76-A/2006, of March 29 and by law No. 14/2006, 26 April; b) law of organization and functioning of the Judicial Courts, approved by Act No. 3/99, of 13 January, as amended by Statement of Rectification No 7/99, 4 February, as amended by law No. 101/99, of 26 July by decree-laws Nos. 323/2001, of 17 December, and 38/2003, 8 March , by law No. 105/2003, of December 10, by Decree-Law No. 53/2004, 18 March, and by law No. 42/2005, of 29 August, and by Decree-Law No. 76-A/2006, of 29 March; c) all diplomas whose need of modification in consequence of the amendments to legislation referred to in paragraph 1(a) above.

6 article 2 direction and extent of legislative authorization 1-the meaning and extent of legislative authorization, with regard to the system of resources in civil procedure, are as follows: the Amendment of the complaint) of the vices and the reform of the sentence, reducing the situations in which parties should require the reform of sentencing, and establishing that When fit appeal, the application for correction, clarification or reform should be made in the claim; b) review of the system of claim of the order of the Court under appeal that does not admit the appeal, stating that the duty of the trial your rapporteur, in general terms; c) increase of the values of the jurisdiction of the courts of first instance for € 5 000 and the purview of the courts in Relation to € 30 000; d) consecration of the requirement for fixing the value of the claim by the Court; and ordinary resources on Unification) 1st and 2nd instances, eliminating the aggravation, and extraordinary resources to review and opposition of third; f) Consecration of the right of appeal, regardless of the jurisdiction and the collapsing of the judgments given against consolidated jurisprudence of the Supreme Court of Justice; g) consecration of the inadmissibility of the appeal of the judgment of the magazine relationship that confirm, without vote of won and even for different grounds, the decision given at first instance, unless the admission of the appeal is clearly necessary for better implementation of the law; h) consecration of the inadmissibility of the magazine feature if the guidance endorsed in the judgment of the relationship is in accordance with the uniform jurisprudence of the Supreme Court of Justice, in the field of law and on the same fundamental question of law; I) revision of the assumptions of admissibility of the magazine feature per saltum, establishing that this can take place in causes of value higher than the jurisdiction of the Court of appeal provided that the other requirements currently set out, the contested decision is unfavourable to the applicant in value also more than half of the purview of this Court; j) Review of the system of extended magazine, stating that the trial extended must be proposed to the President of the Court by the rapporteur or 7 by deputies when to check the possibility of winning a legal solution that is in opposition with previously established case-law, in the field of law and on the same fundamental question of law; l) consecration of the general rule of judicial review of the decisions interlocutórias in the feature that will be made of the final decision and of a common system of decisions that put an end to proceedings, whether these decisions or merit; m) unification of the moment of procedure for appeals and for the submission of claims, as well as for the delivery of the order of admission of the appeal and the order ordering the referral of an appeal to the High Court; n) Amendment of the rules governing the burden borne by the applicant that contests the decision in fact, determining that it is for the applicant, under penalty of immediate rejection of the appeal as regards the challenge of facts, to identify the recording in merging this challenge, with reference to audio recording media that allow the exact identification and separate from the testimonials without prejudice to the parties can carry out transcription of the recording passages in which merges the challenge; the) amendment of visas to deputy judges, establishing that the visas only take place after the delivery of the copy of the draft judgment and that the views processing, preferably electronically and simultaneously; p) consecration of the possibility of oral discussion of the subject of the magazine feature, when the rapporteur may consider necessary, ex officio or at the request of the parties; q) Deepening the rules establishing protection mechanisms against abusive delays in processing of resources; r) Consecration of a resource for standardisation of the jurisprudence of decisions of the Supreme Court of Justice to contradict case law of this Court standardized or consolidated; s) of cases where it is permissible for the extraordinary appeal of review, in order to suit the respective scheme to the European Convention on human rights and the rules issued by the competent bodies of international organisations of which Portugal is a party. 8 2 – as regards conflicts of jurisdiction, the sense and the extent of legislative authorization are as follows: the Amendment of the rules of resolution) of conflicts of jurisdiction, passing these conflicts to be decided by a single judge, in a single degree, both in the Supreme Court of Justice as courts of appeal; (b)) change in the functioning of procedural rules relating to the settlement of conflicts of jurisdiction, establishes that the Court that realises the conflict must record it was intending to the court competent to decide, and that the process of resolving the conflicts of jurisdiction have urgency.

Article 3 Duration the legislative authorization granted by this law lasts for 180 days.

Seen and approved by the Council of Ministers of 7 September 2006.

The Prime Minister, the Minister of the Presidency


The Minister for Parliamentary Affairs 9 1. The architecture of the system resources of the 1939 code, approved by Decree No. 29 637, 28 may, survived the multiple legislative interventions that was the target. It is true that the reform of 1995/96 has made a significant change of the system of resources, with the main objectives to ensure a second degree of jurisdiction in matters of fact, simplify the procedural regime and to clarify the doubts raised about the system in force. Are noted, the establishment of appeal per saltum to the Supreme Court of Justice, to rule that the claims in the ordinary resources are delivered in court defendant, the judge summarily judge the appeal in certain situations and the repeal of article 2 of the Civil Code, which allowed the courts to lay down general binding force with doctrine through seats , creating instead the trial extended magazine feature, provided for in articles 732.º-A and 732.º-B. However and expressly refused an intervention deep in the foundations of the system, in particular patent option on rejection of the proposed unification of the ordinary resources, successively presented in unprecedented reform projects, have seemed more appropriate, tell us the preamble of Decree-Law No. 329/95 of 12 December, «keep such differentiation, underpinning the resource regime in force in civil procedure» Since the option for a unitary system ' would, in fact, to reshape virtually every legal precepts with respect to resources, not getting away with virtually no article of the present Code, in addition to reveal particularly hard the clear definition of the purpose to assign the ' unit ' feature, which may not obviously be the mere «collage» currently statutory schemes appeal and grievance or end up having to repescar , to delineate the schemes, the distinction between the resources linked to merit and the decision to focus on the resolution of procedural issues».

2. The Ministry of Justice decided to undertake a comprehensive and integrated evaluation of that system, which, going beyond a strictly legal analysis of their regime, examine the functioning of the superior courts, featuring, as in detail as possible, the respective procedural motion and the human and material resources allocated to them and instructing the definition of administrative and legislative measures to simplify the procedure and procedural rules that favor the system's efficiency and quality of decisions. The results of this evaluation were made public in May 2005, starting 10 1 wide public discussion with the participation of several Portuguese law schools and would later prove to be a decisive phase in the preparation of this legislative initiative. The study resulted that, in General, and since the beginning of the years 80, the number of input resources and relations in the Supreme Court of Justice has increased, representing civil resources in actions relating to civil and commercial debts of around 50% of total resources. This coincidence of material to review relations and civil sections of the Supreme Court of Justice seems to indicate that the values of action and defeat the Act, there is a typical route of appeal to the relationship followed by magazine to the Supreme Court of Justice. The evaluation revealed a near-zero use of the magazine feature per saltum to the Supreme Court of Justice, with percentages of less than 0.5% of the total resources of the magazine ended in the Supreme Court. It is true that, in recent years, has been a considerable decrease of the average durations of civil resources, whether in relationships, whether in the Supreme, reaching, in 2003, an average of four months. However, we must bear in mind that these numbers do not reflect all of the period between the filing of the appeal before the Court defendant and effective your entry in the superior court which reaches on average about six months, in addition, therefore, to the time that the superior courts spend, then, in its trial.

3. this reform is guided by three fundamental objectives: simplification and streamlining of procedural access quickly to the Supreme Court of Justice, accentuate their role of guidance and standardization of jurisprudence. It is intended to simplify the system of fulfilling resources noted in this regard: the adoption of a tier of ordinary resources regime; the introduction of a general rule of interlocutórias decisions only with the appeal to be brought the decision puts an end to the process; the assimilation, to recursórios effects, the decisions that put an end to proceedings, whether these decisions of merit or shape, the concentration on procedural moments only procedural to appeal and submission of claims and of the orders of admission and dispatch of the resource; and the revision surgery in the complaint of the vices and the reform of the sentence to establish that, and annulment of the decision, the request for rectification, 11 clarification or reform is always made on their claim. At the same time, to see if the complaints scheme of the order of refusal of entry, passing their trial to compete the rapporteur, in general terms; and, in the phase of the trial, changing the visa regime to the deputy judges, establishing that those only take place with the delivery of the copy of the draft judgment, processing at the same time, by electronic means. This simplification will allow significant gains in speed, not only during the trial that takes place before the Court still used are also evident for the speed and the procedural economy projected general scheme of interlocutórias decisions in the feature that will be made of the final decision will provide the actual processing of cases in first instance. Finally, there is an option given by streamlining access to Supreme Court of Justice, seeking to respond to the remarkable growth trend of civil resources entered in this Court, where the number of resources received in 2004 is higher than in more than 90% to the value verified in 1990 and thus creating conditions for a better exercise of the function of your guidance and standardization of jurisprudence. Subsumem clearly this design of streamlining access to Supreme: the revision of the value of the purview of the relationship to € 30,000, which is accompanied by the introduction of the mandatory fixing rule value caused by the judge; the standard establishes the inadmissibility of the Appeal judgment that conforms to uniform jurisprudence of the Supreme Court of Justice, in the field of law and on the same fundamental question of law or to confirm, without vote of won and even for different grounds, the decision given at first instance, except when a question is concerned, whose enjoyment , by your legal relevance or relate to immaterial interests of particular social relevance, it is clearly necessary for better implementation of the law. Serve specifically the purpose of greater standardisation of the jurisprudence: the consecration of the right of appeal, regardless of the jurisdiction and the collapsing of the judgments given against consolidated jurisprudence of the Supreme Court of Justice; the obligation which the rapporteur and the obligation on deputies to raise the extended trial of the magazine always to check the possibility of winning a legal solution contrary to uniform jurisprudence of the Supreme Court of Justice; and the introduction of an extraordinary resource of standardisation of the jurisprudence for full civil sections of the Supreme Court when it, in section, deliver judgment that is in contradiction with another previously given, in the field of 12 law and on the same fundamental question of law. Are noted, the amendment of the rules governing the burden borne by the applicant that contests the decision in fact, determining that it is for the applicant, under penalty of immediate rejection of the appeal, the transcription of the passages in which recording is based; the consecration of the possibility of oral discussion of the subject of the magazine feature, when the rapporteur, of its own motion or at the request of the parties, may consider necessary; or deepening the rules that establish mechanisms for defense against the use of dilatory files by the parties.


4. Finally, are magnified in cases where it is permissible to the extraordinary appeal of review, in order to suit the respective scheme to the European Convention on human rights and the rules issued by the competent bodies of international organisations of which Portugal is a party. Article 46 of the European Convention on human rights provides that States which have ratified the Convention are bound to abide by the final judgments of the European Court of human rights (ECTHR) in disputes in which they were parties. Such decisions must be respected by all entities, though internally the State enjoy the faculty to choose the means which they consider suitable for your implementation. The problem arises when is an internal decision which has become final. In this situation, our planning does not consider the decision of the European Court of human rights as a new fact which would permit review of internal decision. The inclusion of a new subparagraph in Article 771.º, aims to solve this problem, corresponding to the request addressed to Member States in recommendation No 2/2000, of 29 January, the Committee of Ministers of the Council of Europe.

5. the reform of the system of resources in civil process is accompanied by a thorough review of the treatment of conflicts of jurisdiction, also guided by purposes of simplification, speed and procedural economy. In order to avoid the perpetuation of discussion on a matter which is prior to discussion material on the cause, the conflicts of jurisdiction, in addition to should be raised of its own motion, shall be resolved urgently, in a single degree and by a single judge.

13 Thus: in the use of legislative authorization granted by law No......., and in accordance with paragraph 1 (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: article 1 amendment to the Civil Procedure Code The articles 12, 116, 117, 118, 123, 154, 186, 224, 225a, 229a, 234-, 262.º, 291.º, 315, 475.º, 506.º , 522.º-C, 667.º, 668.º, 669.º, 670.º, 672.º, 676.º, 677.º, 678.º, 680.º, 682.º, 683.º, 685.º, 688.º, 691.º, 692.º, 693.º, 696.º, 700.º, 702.º, 703.º, 707.º, 709.º, 712.º, 713.º, 715.º, 716.º, 720.º to 725.º, 727.º to 729.º, 732.º-A, 732.º-B, 771.º 776.º, 800.º, 953.º to, 1086.º, 1087.º, 1089.º, 1099.º, 1373.º, 1382.º and 1396.º of the code of Civil procedure, approved by Decree-Law No. 44129 December 28, 1961, as amended by decree-laws Nos 47690, of 11 May 1967, and 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July, by Decree-Law No 261/75, of May 27, 165/76, March 1, 201/76, of 19 March, 366/76, of 5 may , 605/76, of 24 July, 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of 3 may, by Decree-Law No 513-X/79, of December 27, 207/80, of 1 July, 457/80, of 10 October, 400/82, of 23 September , 242/85, of 9 July, 381-A/85, of 28 September, and 177/86, of 2 July, by law No. 31/86, of 29 August, by the decree-laws Nos 92/88, of March 17, 321-B/90 of 15 October, 211/91, of July 14, 132/93, of April 23, 227/94, of September 8 , 39/95, of 15 February, 329-A/95 of 12 December, 180/96, of 25 September, 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000, of 20 December, by decree-laws No. 272/2001, of 13 October, and 323/2001, of 17 December, by Act No. 13/2002 , 19 February, by Decree-Law No 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27 and 53/2004, of March 18, by law No. 6/2006 of 27 February, by Decree-Law No. 76-A/2006, of 29 March, and by law No. 14/2006, 26 April , shall be replaced by the following: ' article 12 [...]

1 – […]. 14 2-[...]. 3 – Heard the other parent, when only one of them has required as well as the prosecution, the judge decides according to the interest of the minor, and can assign the representation to only one parent, designate special curator or check the representation to the public prosecutor, and annulment of the decision. 4 – […]. 5 – […].

Article 116 [...] 1-conflicts of jurisdiction are resolved by the Supreme Court of Justice or by the Court of conflicts, as appropriate; the conflicts of jurisdiction are resolved by the President of the Court of minor category holding jurisdiction over conflicting authorities. 2 – […].

Article 117 [...]

1-When the court first notice the conflict, should it automatically was intending to the President of the competent court to decide. 2-the conflict can also be raised by either party or by the Prosecutor upon request addressed to the President of the Court. 3 – the process of resolving the conflicts of jurisdiction have urgency.

Article 118 subsequent Proceedings 1 – if the resolution of the conflict has been raised of its own motion, should the Secretariat notify the parties to reach a decision within five days. 2-when the resolution of the conflict has been requested by either party, May 15 the opposing party rule within the period referred to in the preceding paragraph. 3 – In any case, the process for the Prosecutor's Office for a period of five days.

Article 123 [...]

1 – when you check any of the causes of impediment, should the judge, ex officio, declare themselves prevented or can the parties, until the sentencing, require the Declaration of the impediment. 2-the order of about preventing some of the judges can complain to the Conference, which decides with the intervention of all the judges who are to intervene, except the one whom the offside. 3 – Declared the offside, the cause passes to the substitute judge, with the exception of the case provided for in paragraph 2 of article 89. 4-in the higher courts observe the provisions of paragraph 1 of article 227.º, if the impediment to respect the rapporteur, or the cause passes to the judge immediately, if the impediment to respect any of the deputies. 5-whatever the value of the cause, it is always permissible action brought against the decision of refusal to the Court immediately higher, rising separately.

Article 154 [...]

1 – the maintenance of order in procedural acts rests with the magistrate that they Chair, which takes the necessary measures against those who disturb your accomplishment and may, in particular, and depending on the gravity of the infringement, warn with urbanity the offender, remove the word when this step away from the respect due to the Court or to existing institutions, convict him in fine, or do you get out of the place where the Act takes place. 2-[previous paragraph 3]. 3 – the magistrate must do include in the minutes, of specified shape, acts that determined Providence, without prejudice to criminal or disciplinary 16 procedure that fits. 4 – whenever the word withdrawal the lawyer or a lawyer-trainee or to prosecutors, is, as appropriate, detailed knowledge of the fact that data to the Bar Association for disciplinary purposes, or to the respective superior. 5 – the decisions referred to in paragraph 1 it is up appeals, the process as urgent, with suspensory effect of the process and, as the decision to remove the word or order the exit of the place where the Act takes place at the judicial trustee, also with suspensory effect of the decision. 6-[previous paragraph 7].

Article 186 [...]

1 – […]. 2 – […]. 3 – the public prosecutor can lodge an appeal with suspensory effect of the order, regardless of the value of the claim.

Article 224 [...]

In relations for the following species: 1st Appeals in ordinary and special process; 2nd Appeals in summary process and accelerated; 3rd resources in criminal proceedings; 4th conflicts and review of judgments of foreign courts; 5th Causes that the relationship know in first instance.

Article 225a [...]

The Supreme Court there are the following species: 1st magazines; 2nd resources in criminal proceedings; 17 3rd Conflicts; 4th Appeals; 5th Causes that the Court meets in single instance.

Article 229a [...]

1-in cases where the parties have lodged judicial representative, all the procedural steps to be taken in writing by the Parties following notification to the author of the objection of the defendant, are notified by the authorized representative of the legal representative of the counterpart presenter, in their professional domicile, in accordance with article 260.º-a. 2-[...].

Article 234-the [...]

1 – […]. 2-is admitted to the dispatch interface feature that there is rejected outright the petition or action of a precautionary procedure, whose value is contained in the purview of the courts of first instance. 3 – the order to admit the appeal referred to in the preceding paragraph orders the quote from the defendant or respondent, both to the terms of the feature as for the cause, unless the defendant in interlocutory proceedings should not be heard before your must exist. 4 – […]. 5 – […].

Article 262.º [...]

1 – […]. 2-the order of dismissal of the appeal notice to the relationship. 18 Article 291.º [...]

1 – [...]. 2-resources are judged deserts in the cases provided for in paragraph 5 of article 721.º or when, because imputable to the applicant, are stopped for more than a year. 3 – [...]. 4 – [...].

Article 315 value pricing


1-it is for the judge to fix the value of the claim, without prejudice to the duty of burden on the parties nomination. 2-the value of the claim shall be fixed in the order saneador, except in the cases referred to in paragraph 3 of article 308 and those in which there is no place to dispatch saneador, being in such cases fixed in the sentence. 3-if it is brought before fixing resource of value, this takes place in the order on the request for intervention.

Article 475.º [...]

1 – […]. 2-the order confirming the receipt not appealable to the Relationship, even if the value of the claim does not exceed the jurisdiction of the courts of first instance, applying, with the necessary adaptations, the provisions of article 234-a.

Article 506.º [...]

1 – […]. 2 – […]. 19 3-[...]. 4 – […]. 5 – […]. 6 – the facts articulated that interest the decision of the question are included on the basis of rules or, where this is already prepared, you will be unable to claim against the amendment, and the sort order feature in general terms in article 691.º.

Article 522.º-C [...]

1 – [...]. 2-When there is no way to record audio or video, should be noted in the minutes the beginning and end of the recording of each statement, information or clarification in order to be possible a precise identification and separated them.

Article 667.º [...]

1 – […]. 2-in the event of an appeal, the correction can only take place before he come up, and the parties argued before the High Court which understand of your right as regards the rectification. If neither party resort, rectification may take place at any time.

Article 668.º [...]

1-is null the sentence when:) does not contain the signature of the judge; b) does not specify the grounds of fact and law which justify the decision; c) the fundamentals are in opposition with the decision; d) the judge ceases to speak out on issues that should enjoy or know of 20 questions that couldn't take note; and) Condemns in excess of or in diverse subject matter of the application. 2 – […]. 3-The nothings mentioned in paragraph 1 (b))) of paragraph 1 may only be defendants before the Court that handed down the sentence if this does not admit appeal, and the appeal, conversely, have as a basis any of these nullities.

Article 669.º [...]

1-Can either party claim in court that delivered the sentence: a) the clarification of some obscurity or ambiguity regarding the decision or the reasons therefore; b) [...]. 2-Fitting action brought against the decision, the request provided for in the preceding paragraph is made in his own claim.

Article 670.º [...]

1-Accused some of nullities provided for in paragraph 1 (b))) of paragraph 1 of article 668.º or asked to sentence your clarification or reform, in accordance with the preceding articles, should the judge rejects the request or issue order to correct the bad habit, clear or reform the contested judgment, that, in this case, it is considered part of the sentence and complement. 2-the order that rejects the request provided for in the preceding paragraph shall not appeal. 3-in cases where there has been appeal, this is to have the new decision, the applicant may, within 10 days, give up, or extend or restrict the scope in accordance with the amendment that the sentence has suffered and the defendant to answer such a change within the same period. 4-in the case of the General requirements of paragraph 1 of article 678.º the defendant can bring new feature the ruling clarified, corrected or reformed 21 within 15 days of notification of the order referred to in paragraph 1. 5-the order referred to in paragraph 1 is given to the one who admits the appeal and orders its ascent, and the rapporteur, if the judge omit that order, send download the process for it to be delivered.

Article 672.º [...]

1 – The dispatches, as well as the sentences, which concerned solely about the procedural relationship have binding force within the process. 2 – are excluded from the provisions of the preceding paragraph the dispatches referred to in article 679.º.

Article 676.º [...]

1 – […]. 2-The ordinary or extraordinary resources: ordinary and appeal are the magazine; are extraordinary recourse for standardisation of the jurisprudence and the review.

Article 677.º [...]

The decision is considered final as soon as is not likely to appeal, or complaint pursuant to articles 668.º and 669.º.

Article 678.º [...]

1-ordinary appeal is admissible Only on the causes of value higher than the jurisdiction of the Court which is contested since the contested decision is unfavourable to the applicant in value also more than half of the 22 wing of the Court, taking into account, in case of founded doubt about the value of the defeat, only to the value of the claim. 2 – regardless of the value of the cause and the defeat is always admissible appeal: a) of decisions handed down in violation of the rules of international jurisdiction, on account of the matter or the hierarchy or offence of res judicata; b) decisions relating to the value of the cause, of the incidents or precautionary procedures, on the grounds that your value exceeds the jurisdiction of the Court which is contested; c) Of judgments given in the field of law and on the same fundamental question of law, against uniform case law or consolidated in the Supreme Court of Justice. 3-regardless of the value of the cause and the defeat, it is always permissible to feature the relationship in the actions in which they enjoy the validity, the subsistence or the termination of lease agreements, with the exception of leases for non-permanent housing or for special transitional purposes. 4-consolidated case law considered when they have been delivered by the Supreme Court of Justice, about the same fundamental question of law, three consecutive rulings in the same direction, without subsequent judgment in opposition.

Article 680.º [...]

1-resources can only be brought by who, being the main part in the cause, have been won, with the exception of (a) g) review of Article 771.º. 2-The people directly and effectively prejudiced by the decision may make use of it, although not party to the cause or are just ancillary parts. 3 – the appeal provided for in subparagraph (g)) of Article 771.º may be brought by any third party, considering how third unable there is intervening in the process as part, but through 23 legal representative.

Article 682.º [...]

1 – […]. 2-the deadline for the filing of the appeal is counted as of the notification of the appeals of the other party. 3 – […]. 4 – […]. 5 – […].

Article 683.º [...]

1 – [...]. 2 – [...]. 3-the resource can take place through application or subscription of the allegations of the applicant, until the beginning of the period referred to in paragraph 1 of article 707.º. 4 – [...]. 5 – [...].

Article 685.º 1 Deadlines – the deadline for appeals is 30 days, except in urgent cases and in other cases expressly provided by law, and is counted as the notification of the decision. 2-If the part is revel and not to be notified pursuant to article 255, the deadline for filing runs since the publication of the decision, however, if the default from the terminated before expiry of the time limit for appeals after the publication, have the judgment or order to be notified and the period runs from the date of notification. 3-in the case of orders or oral sentences, played in the process, 24 the deadline runs from the day they were delivered, if the party was present or was notified to watch the action. 4-[previous paragraph 3]. 5-term identical to the filing, can the defendant to respond to the allegation of the appellant. 6-In your claim the defendant can challenge the admissibility or the timing of the appeal, as well as the legitimacy of the applicant. 7-if the feature is subject to review of the recorded evidence to the interposition and response are 10 days. 8-If the expansion of the object of the resource is required by the defendant pursuant to article 684.º-you can also the applicant to respond to the matter of expansion, in the 15 days following the notification of the request. 9-going on several applicants or several defendants, though represented by separate counsel, the term of their pleadings is unique, leaving it to the Secretariat to ensure that everyone can proceed to examine the case during the period of that benefit.

Article 688.º Complaint against the refusal


1-the order that does not admit the feature can the applicant claim to the Court which would be competent to meet this feature. 2-the defendant may answer the complaint lodged by the applicant. 3-the complaint addressed to the superior court, is presented at the registry of the Court defendant, assessed by attached to the main proceedings and is always instructed with the request for appeal, the contested decision and order the subject of complaint. 4-the complaint is presented to the rapporteur who, within 10 days, makes a decision to admit the feature or to keep the order claimed. 5-If the rapporteur does not judge sufficiently elucidated with the documents referred to in paragraph 3, may request the Court defendant clarifications or the certificates necessary to understand. 6 – If the appeal is admitted, the rapporteur requests the main proceedings the Court resorted to the must make up within 10 days. 25 Article 691.º [...]

1-the decisions of the Court of first instance stop the appeal process of appeal.
2 – it is also an appeal the following decisions of the Court of first instance: the) decision by which the judge deny the offside opposite for some of the parties; b) decision that enjoy the jurisdiction of the Court; c) Decision applying fine; d) Decision to condemn the pecuniary obligation, guaranteed by deposit or security; e) decision that has ordered the cancellation of any registration; f) Decision to suspend the proceedings; g) decision issued after final decision; h) Order saneador that, without terminating the process, decide the merits of the case, whose dispute with the final decision is likely to cause the applicant prejudice difficult to repair; I) Decisions whose challenge with the final decision would be absolutely useless; j) in other cases expressly provided by law. 3-the remaining decisions given by the Court of first instance must be of an action before the feature that will be brought to the final decision. 4-If there is no appeal against the final decision, interlocutórias decisions can be challenged, if they have interest to the appellant regardless of that decision and shall be the subject of a single resource, the lodge after the transit of that decision.
5-in the cases provided for in paragraphs 2 and 4 and in urgent cases, the period for appeal and presentation of claims is reduced to 15 days.

26 Article 692.º [...]

1 – […]. 2-the appeal has suspensive effect, however: a) On termination of proceedings in actions on the State of the people; b) On termination of proceedings in actions referred to in paragraph 3 of article 678.º and in that respect to the possession or ownership of dwelling. 3 – Suspend the effects of the contested decision, other than those referred to in the preceding paragraph: a) the appeals brought against decisions provided for in subparagraphs (a) (c)), d) and (e)) of paragraph 2 of article 691.º; b) all remaining the law assign expressly this purpose. 4 – outside the cases referred to in the preceding paragraph, the applicant may request, to bring the appeal, that the appeal have suspensive effect when executing the decision causes injury and volunteer to act, leaving the attribution of that effect subject to the effective provision of the deposit within the time limit set by the Court and applying paragraph 3 of article 818.º.

Article 693.º [...]

1 – the appellee may require at any time the extraction of transfer, with indication of the pieces, in addition to the sentence, it should cover. 2-not wanting to, or may not, get the provisional enforcement of the sentence, can the appealed, that is not guaranteed by mortgage, already require, within 10 days from the notification of the order to admit the appeal or, in the case of paragraph 4 of the preceding article, you refuse the suspensive effect, that the appellant pay security deposit.

27 Article 696.º [...]

If there are difficulties in fixing the security deposit referred to in the previous articles, your calculated value through assessment made by a single expert appointed by the judge.

Article 700.º the rapporteur Function 1-the judge to whom the case is distributed is being the rapporteur, leaving you grant to all terms of the resource by the end, inter alia: to correct the effect assigned to) resource and its ramp mode, or invite the parties to refine the findings of their allegations, in accordance with paragraph 3 of article 685.º; b) Check if some circumstance prevent knowledge of the resource; c) Judge summarily the subject of the appeal, in accordance with article 705.º; d) order the completion of the steps which it considers necessary; e) authorize or refuse the documents and opinions; f) judge the incidents raised; g) Declare the stay of proceedings; h) Judge the instance because several of the trial or judge after the appeal, by knowledge of your subject. 2-On the subject of the appeal decision and the issues involved, the Conference appreciate in order of seniority in the Court, the judges following the rapporteur. 3 – [...]. 4-the claim is decided in its judgment that deduced from judges the appeal, except where the nature of the issues raised require immediate decision, being, in this case, the provisions of paragraphs 2 to 4 of article 707.º. 5-the judgment of the Conference can consider part damaged resort under the general terms set out in paragraph 4 of article 721.º. 28 Article 702.º rise of error 1 – feature if the feature has gone up separately, when you should climb in autos, order these to court defendant 2 – Deciding the rapporteur, conversely, that the feature that went up in the record should have been elevated into separate, the court notifies the parties to indicate the pieces necessary for the resource statement , which are fined with the application for the filing of the appeal and the allegations, downloading, then the record key in the first instance.

Article 703.º [...]

1-If the rapporteur will understand that must change the effect of the appeal, hear, before deciding, the Parties shall, within five days. 2 – If the question has been raised by any of the parties on your claim, just listen to the other party that has not had an opportunity to respond. 3 – […]. 4 – […].

Article 707.º [...]

1-Decided the issues which must be dealt with before the trial of the subject of the appeal, if not check the case referred to in article 705.º, the rapporteur shall prepare the draft judgment within 30 days. 2-In the pre-trial session of the resource, the process, accompanied with the draft judgment, simultaneous view, by electronic means, the two deputy judges for a period of five days, or, where this is not possible, he orders the taking of copies of the draft judgment and of the procedural documents relevant to the examination of the subject of the appeal. 3-If the volume of relevant procedural documents become overly time-consuming extraction 29 copies, the process goes for two deputy judges for a period of five days each. 4-When the nature of the issues to be decided or the need for speed in the trial of the resource the advise, can the rapporteur, with the agreement of the deputies, removing the need for visas.

Article 709.º [...]

1 – the process is entered into the table as soon as you show the expiry for the rapporteur to prepare the draft judgment. 2-[previous paragraph 3]. 3-[previous No. 5].

Article 712.º [...]

1 – [...]. the) If the process provided all the evidence that formed the basis for the decision about the facts in question, or if, having occurred recording of the testimony provided, have been challenged under article 685.º-B, a decision based on them delivered; b) [...]; c) [...]. 2 – [...]. 3 – [...]. 4 – [...]. 5 – [...]. 6 – [...].

Article 713.º [...]

1 – […]. 30 2-[...]. 3 – […]. 4 – […]. 5-When the relationship understand that the issue to be decided is simple can the judgment be limited to the operative part, preceded by the statement of reasons summary trial, or when the matter has already been jurisdictionally appreciated, refer to previous judgment, that joins copy. 6 – […]. 7-the judge that tilling the judgment should sum it up.

Article 715.º [...]

1-Although the Court of appeal declares void the decision of the first instance, will know of the subject of the appeal. 2 – […]. 3 – […].

Article 716.º [...]

1 – [...]. 2 – the rectification, clarification or reform of judgment, as well as the allegation of invalidity, are decided in Conference.

Article 720.º [...]


1 – [...]. 2-the provisions of the preceding paragraph shall also apply to cases in which the party obstar final transit search decision, through the suscitação of incidents, her later, manifestly unfounded. 3-the decision by the Conference that qualify as manifestly unfounded the incident sparked immediate extraction of determines the transfer, continuing the record their terms in court defendant. 31 4-in the case referred to in the preceding paragraph, only made the decision on the transfer after, told the final costs to the applicant having paid all fines and compensation that have been laid down by the Court. 5-the contested decision through clearly unfounded incident is considered, for all purposes, which has become final, under condition of termination in the case of any provision, as a result of the decision on transfer, if you cancel the process.

Article 721.º [...]

1-appeal of magazine to the Supreme Court of Justice against the judgment of the relationship given on an appeal provided for in paragraph 1 and in paragraph h) of paragraph 2 of article 691.º. 2-the judgments in the course of proceedings pending before the relationship can only be challenged in the magazine feature which will be brought in accordance with the provisions of the preceding paragraph, with the exception of: a) The judgments about relative incompetence of the relationship; b) of judgments whose dispute with the magazine feature would be absolutely useless. 3-magazine is not permitted against the judgment of the relationship that conforms to uniform jurisprudence of the Supreme Court of Justice, in the field of law and on the same fundamental question of law or to confirm, without vote of won and even for different grounds, the decision given at first instance, except when a question is concerned, whose enjoyment , by your legal relevance or relate to immaterial interests of particular social relevance, it is clearly necessary for better implementation of the law. 4 – it is always permissible to feature magazine of the judgment of the relationship which is in contradiction with another already acquired the authority of a final decision, handed down by the Supreme Court of Justice or for any relationship in the field of law and on the same fundamental question of law, except where it has been fixed by the Supreme jurisprudence with him as. 5-in the cases referred to in paragraphs 3 and 4, the applicant must, under penalty of desertion, indicate: 32 a) The reasons why the assessment of the question is clearly necessary for better implementation of the law; b) aspects of identity that determine the alleged contradiction, joining copy of judgment basis with which the judgment under appeal is in opposition.

Article 722.º [...]

1-the magazine can be based on: a) the breach of substantive law, which can be both in interpretation or application error, as in the determination of the applicable standard error; b) breach or wrong application of the law of procedure; c) The nullity proceedings provided for in articles 668.º and 716.º. 2-for the purposes of point (a)) of the preceding paragraph, shall be considered as substantive law rules and principles of General or common international law and the generic provisions, whether substantive, emanating from the organs of sovereignty, national or foreigners, or of conventions or international treaties. 3-[previous No. 2].

Article 723.º [...]

1-[previous article body]. 2-If the appeal is admitted to the suspensory effect, may require the defendant to provide security, in this case the provisions of paragraph 2 of article 693.º; If the effect is merely devolutive, can the defendant request that extract transfer, which comprises only the judgment, unless the defendant does, at your expense, insert other pieces.

33 Article 724.º [...]

1 – [...]. 2-in the cases referred to in (a)) and (b)) of paragraph 2 of article 721.º and in urgent cases, the period of appeal is 15 days.

Article 725.º [...]

1 – When the value of the claim exceeds the purview of judicial courts of second instance, the value of the defeat is more than half the purview of these courts and the parties in their pleadings, are only points of law, can any of them, apply the conclusions that the action brought against the decision handed down in first instance termination of process come up directly to the Supreme Court of Justice. 2 – [...]. 3 – [...]. 4-If the process referred to the Supreme Court of Justice, the rapporteur to understand that the issues raised go beyond the scope of the journal, determines the process to download the relationship, the order of the resource there be rendered, in general terms, the decision of the rapporteur in this case. 5 – [...]. 6-in case of acceptance of the request provided for in paragraph 1, the resource is processed as revised, except with respect to the effects, to which they apply the provisions relating to the appeal.

Article 727.º [...]

With the allegations can join supervening documents, without prejudice to the provisions of paragraph 3 of article 722.º and paragraph 2 of Article 729.º.

34 Article 728.º [...]

1 – [...]. 2-if there is no conformity of votes required for winning, the process will for the two judges immediate apply paragraphs 2 and 3 of article 707.º.

Article 729.º [...]

1 – [...]. 2-the decision of the Court defendant as to matter of fact cannot be changed, except in the exceptional case provided for in paragraph 3 of article 722.º. 3 – [...].

Article 732.º [...]

1-the President of the Supreme Court of Justice determines, to the delivery of the judgment, the judgment of the appeal play with full intervention of the civil sections, when this is necessary or advisable to ensure the uniformity of the jurisprudence. 2-the extended trial, provided for in the preceding paragraph, may be requested by either party and must be proposed by the public prosecutor, by the rapporteur, by any of the deputies, or by the Presidents of the civil sections. 3 – the rapporteur, or any of the deputies, proposing mandatory extended trial of the magazine when you check the possibility of winning legal solution that is in opposition with uniform or consolidated case law in the field of law and on the same fundamental question of law.

35 Article 732.º-B [...]

1 – [...]. 2-If the decision to make involve previously standardized case-law change, listen to the parties in advance if these have not had an opportunity to comment on the trial, apply the provisions of article 727.º-a. 3-after hearing the parties, the process goes with simultaneous view each of the judges to intervene in the trial by applying the provisions of paragraphs 2 and 3 of article 707.º. 4-[previous paragraph 3]. 5 – the judgment delivered by the departments gathered about the purpose of the magazine is published in the 1st series of the Diário da República.

Article 771.º [...]

The final decision can only be reviewed when: a) another final judgment has given as proven crime committed by judge in connection with the exercise of your function in the process; b) the falsity of document or judicial act of testimony or statements of experts, that may in any case have determined the decision to revise and such matter has not been discussed in the proceedings in which the decision was given to review; c) report that the document did not have knowledge, or which had not been able to make use, in the process in which the decision was given to review and that, by itself, is sufficient to modify the decision more favourable to the losing party; d) the invalidity or nullity of the confession, waiver or transaction on which the decision is founded; and) run the action and execution by default, because of a lack of action by the defendant, if show that missed your citation or is null the quotation; 36 f) Is irreconcilable with a final decision of an international appeal binding instance of the Portuguese State; g) the dispute based on an act simulated by the parties and the Court has not made use of the power that gives the article 665.º, for if not to have known of the fraud.

Article 772.º [...]

1-the appeal is lodged with the Court which delivered the judgment to review. 2-the appeal cannot be filed if more than five years have elapsed on the traffic in the decision and the deadline for filing is 60 days: a) in the case of point (a)) of Article 771.º, the traffic in the sentence in that review is founded; b) in the case of subparagraph (f)) of Article 771.º, of the time when the decision on which is founded the review has become final; c) in the case of subparagraph (g)) of Article 771.º, of the time when the applicant was informed of the sentence; d) in other cases, the moment at which the applicant has obtained the document or had knowledge of the fact that serves as a basis for the review. 3-in the cases provided for in the second part of paragraph 3 of article 680.º, the period referred to in paragraph 2 considers not earlier than one year on the acquisition of capacity by the incapable or about the change of your legal representative.
4-[previous paragraph 3]. 5-[previous paragraph 4].

Article 773.º [...]


At the request of interposition, which is booked for attached to the process, should the applicant: a) Specify the grounds of the appeal and, in the cases referred to in paragraph 1 (b)), d) and (e)) of Article 771.º, seek to demonstrate that the 37 plea; (b)) (a)), c), (f)) of Article 771.º, join, as appropriate, a certificate of judgment, decision, or document in which the claim is founded; c) in the case of subparagraph (g)) of Article 771.º of the verdict certificate together and demonstrate that this resulted from procedural simulation of the defendants and involved injury to the applicant.

Article 774.º 1 resource Admission-Without prejudice to the provisions of paragraph 1 of article 685.º-(C), the Court is directed the petition rejecting it when it comes not instructed in accordance with the previous article and also when it is recognised as soon as there is no reason for review. 2-If the appeal is admitted, personally notify the defendants for, respond within 20 days. 3-the receipt of the appeal does not suspend the execution of the contested decision. 4 – [repealed].

Article 775.º [...]

1 – except in the cases of article 6(1)(b)), d) and (g)) of Article 771.º, the Court, then the response from the defendant or to the end of the period, meet the basis of review, preceding steps which are deemed indispensable. 2-in the case of article 6(1)(b)), d) and (g)) of Article 771.º, it follows, after the answer of the defendants or the expiry of the time limit, the terms of the summary process. 3-If the feature has been directed to a higher court, can this order the steps, which if required and cannot take place in those courts, the Court of first instance where the process went up.

38 Article 776.º [...]

If the review is upheld, the contested decision is repealed, observing the following: a) [...]; (b)) (a)), c) and (f)) of Article 771.º, gives new decision, and absolutely indispensable and remonstrations by giving each party the period of 20 days to plead in writing; c) [...]; d) in the case of subparagraph (g)) of Article 771.º, is void if the contested decision.

Article 800.º [...]

The sentence there is no appeal, except in cases covered by subparagraph (a)) of paragraph 2 of article 678.º, in that it is an appeal.

Article 953.º [...]

1 – […]. 2 – the decision to enact provisional Providence it is up appeals, in accordance with article 691.º, paragraph 2.

Article 1086.º [...]

1 – [...]. 2 — the question of the jurisdiction of the District Court, a decision is rendered within 15 days. When is the competence of the relationship or the Supreme, the record will for the judges of the respective section, for five days, being applicable paragraphs 2 and 3 of the article 707.º, and then the section solves. 39 3-[...].

1087.º Feature article of the decision of the judge or of the relationship to admit or not admit the appeal action.

Article 1089.º [...]

1 – in the relationship or the Supreme the process, when it is prepared for the final trial, seen by five days the judges composing the Court, being applicable paragraphs 2 and 3 of the article 707.º, and, then, the discussion and the trial of the cause in a full court session. 2 – [...].

Article 1099.º [...]

1 – […]. 2-the trial is done according to the rules of appeal.

Article 1373.º [...]

1 – […]. 2 – […]. 3 – the order of form determinative of the shares can only be challenged on appeal filed of sharing.

Article 1382.º [...]

1 – […]. 40 2-sentence appeal of sharing homologatória appeal.

Article 1396.º [...]

1-appeal of appeal of sentence homologatória of shares in cases referred to in the preceding articles. 2-except as provided in article 691.º, paragraph 2, interlocutórias decisions handed down under the same processes should be challenged in the appeal to be brought from sharing sentence.»

Article 2 additions to the code of Civil procedure Are added to the code of Civil procedure articles 119-A, 275.º-A, 684.º-B, 685.º-A, 685.º-B, 685.º-C, 685.º-D, 691.º-A, 691.º-B, 691.º-C, 697.º-A, 697.º-B, 722.º-A, 727.º-A, 763.º the 770.º, 922 is void-A,-B and-922 is void 922 is void (C) the code of Civil procedure, with the following text : ' article 119-1 decision-If the President of the Court to understand that there is no conflict, rejecting the request. 2-if not, the President of the Court decides to summarily the conflict. 3 – the decision is immediately communicated to the courts in conflict and to the public prosecutor and notified to the parties.

Article 275.º-the Aggregation of processes in phase 1 – resource applies to processes under appeal the provisions of paragraphs 1 and 4 of the preceding article, with the specialties provided for in the following paragraphs. 2 – only place might be the joinder of cases which are pending in the same court 41. 3 – processes are joined to what have been brought in the first place. 4-the aggregation can be ordered ex officio by the President of the relationship.

Article 684.º-B appeals mode 1 – the resources stand-by application addressed to the Court which delivered the contested decision and which indicate the species, the effect and the mode of increase of the appeal and, in the cases referred to in (a)) and c) of paragraph 2 and in paragraph 4 of article 678.º and resource for standardisation of the jurisprudence its foundation. 2-the application referred to in the preceding paragraph must contain or join the claim of the appellant. 3-in the case of orders or oral sentences, played in the process, the application of interposition can be immediately dictated to the minutes, and the claim be presented within 30 or 15 days, as the case may be, from the time of filing.

Article 685.º-the Burden of pleading and formulate conclusions 1-the applicant must present your claim, in which concludes, in synthetic form, the indication of the grounds for requesting the amendment or annulment of the decision. 2 – On the resource on the law conclusions should indicate: a) legal provisions violated; b) the sense that, in the opinion of the applicant, the standards which constitute legal basis of the decision should have been interpreted and applied; c) by invoking error in determining the applicable standard, the rule of law that, in the understanding of the applicant, should have been applied. 42 3-When the conclusions are complex, obscure, or it has not proceeded to the specifications referred to in the preceding paragraph, the rapporteur must invite the applicant to complete them, clarify them or synthesize them, within 5 days, under penalty of not knowing, in the affected party. 4-the opposing party is notified of the submission of the addendum or clarification by the applicant, and can reply to you within five days. 5-the provisions of paragraphs 1 to 3 of this article shall not apply to actions brought by the public prosecutor, when use by law enforcement.

Article 685.º-B Burden borne by the applicant that contests the decision in fact 1 – when he contests the decision about a matter of fact, should the applicant necessarily specify, under penalty of rejection: a) Which concrete points of fact it deems wrongly judged; (b)) which the probative means, in the concrete case or registration or recording it held, that imposed decision on the points of facts challenged different from defendant. 2-in the case referred to in point (b)) of the preceding paragraph, when the evidentiary means invoked as the basis of the error in the evaluation of the evidence has been written and it is possible the precise identification and separate statements, in accordance with the provisions of paragraph 2 of article 522.º-C, it is for the applicant, under penalty of immediate rejection of the appeal as regards the challenge of facts , indicate precisely the passages in which recording is based, without prejudice to the possibility, for your initiative, proceed to their transcript. 3-in the case referred to in the preceding paragraph, the other party, without prejudice to the powers of investigation ex-officio of the Court, proceed on contra-alegação to submit, the indication of the testimonials written that infirmem the conclusions of applicant and for your initiative, proceed to their transcript. 4-When the recording of the hearing is made through means that 43 permits the identification needs and separated from the depositions, the parties may not make the transcripts provided for in the preceding paragraphs. 5-the provisions of paragraphs 1 and 2 shall apply to the case of the defendant wishes to extend the scope of the appeal, in accordance with paragraph 2 of article 684.º-a.

Article 685.º-C Order on the application


1 – Ended the time limits granted to the parties to claim, the judge issues order on the application for filing the appeal, ordering its ascent, except in the case referred to in paragraph 3. 2-the application is rejected when: a) is satisfied that the decision does not admit appeal, that this has been brought out of time, or that the applicant does not have the conditions necessary to have recourse; b) does not contain or join the claim of the applicant or when it has not. 3-in the order in which admits the appeal, should the judge ask the District Council of the Bar Association to appoint a lawyer to absent, incapable and uncertain, if these cannot be represented by prosecutors including, in this case, the deadline for reply of the applicant from the notification to the authorized representative named your designation. 4-after the period referred to in the preceding paragraph, must the judge to issue new order ordering the ascent of the resource. 5 – the decision to admit the feature, attach your species, and determine the effect that it does not link the superior court and the parties may not challenge.

Article 685.º-D omission of fees of Justice 1-if the document proving the payment of the initial or subsequent justice or the granting of the benefit of legal aid has not been close to the process at the time set for that purpose, the Secretariat notifies the interested to, in 10 days, payment omitted, 44 plus a fine of the same amount , but not less than 1 and not more than 10 UC UC. 2-If, on the expiry of a period of 10 days referred to in the preceding paragraph, has not been close to the process the missing document, the Court determines the release of claims, the application or the response submitted by the party at fault. 3-If the part is awaiting a decision on the grant of legal aid in the form of total or partial exemption from payment of the fee prior to justice, should, Alternatively, join the presentation document of the respective application.

Article 691.º-the ascent mode 1 – Rise in own autos appeals brought against decisions stop the process or to suspend instance. 2 – go up in separate appeals not included in the preceding paragraph. 3 – Form a single process appeals to climb together, separately from the record.

Article 691.º-B the precautionary procedures appeal regarding the appeals of judgments given precautionary procedures observed the following: a) the annulment of the decision dismissing outright the respective application or does not order the Providence rises in the interlocutory proceedings; (b)) the action brought against the decision ordering the Providence or determine the respective survey rises.

Article 691.º-45 C Rise in incidents the appeal brought against the decision not to admit the incident goes up in the record of the incident or separately, depending on the incident be prosecuted for attached or along with the main proceedings.

Article 697.º-resource instruction with separate climb 1 – where the use goes up, the parties indicate, after the conclusions of their allegations, the pieces they intend to process certificate to instruct the resource. 2-in the case referred to in the preceding paragraph, the secretariat facilitates the process to the parties during the periods laid down in article 700.º.

Article 697.º-B document 1 Junction – the parties may attach documents to allegations in the exceptional cases referred to in article 524.º or in the case of the junction has become necessary in view of the judgment delivered in the first instance, except as provided in paragraph 2 of article 691.º, in which the parties can join all documents they are lawful offer. 2-consequential documents and opinions of lawyers, teachers or technicians can be together until the beginning of the period referred to in paragraph 1 of article 707.º. 3 – the junction of documents and opinions, with the necessary adaptations, the provisions of articles 542.º and 543.º, fulfilling the rapporteur authorize or refuse to join.

Article 722.º-the ascent mode 1 – Rise in own autos magazines brought the decisions provided for in paragraph 46 1 of article 721.º. 2-climb separated the magazines not included in the preceding paragraph. 3 – Form a single process the journals that go up together, separately from the record.

Article 727.º-1 oral Allegations – Can the rapporteur, of its own motion or at the reasoned request of any of the parties, determine the achievement figures for discussion of the subject of the resource. 2-on the day scheduled for the hearing will hear the parties who have appeared and there is no room for delay. 3-the President declares open the hearing and makes a summary on the subject of Appeal setting out the issues that the Court believes should be discussed. 4 – the President gives the floor to representatives of the applicant and the defendant for expressing their views on the issues referred to in the preceding paragraph.

Article 763.º 1 feature bedding – the parties may appeal to the civil sections of the Supreme Court of Justice when the Supreme uttering judgment that is in contradiction with another previously handed down by the same court, in the field of law and on the same fundamental question of law. 2 – in support of the resource can only invoke-if previous judgment with traffic, assuming the traffic. 3-the feature is not admitted if the orientation being advocated in the judgment under appeal is in accordance with the uniform jurisprudence of the Supreme Court of Justice.

47 Article 764.º deadline for filing 1-the resource for standardisation of the jurisprudence is brought within 30 days of the judgment under appeal in transit. 2-the defendant offers term identical to respond to the allegation of the applicant of the date on which that is notified of their presentation.

Article 765.º application instruction 1-the application for filing, which is booked for attached to the process, must contain the claim of the appellant, which identify the aspects of identity that determine the alleged contradiction and the offence imputed to the judgment under appeal. 2 – With the request provided for in the preceding paragraph, the applicant joins copy of judgment previously delivered by the Supreme, with which the judgment under appeal is in opposition.

766.º Feature article by the Public Ministry the uniformity of jurisprudence resource must be brought by the public prosecutor, even when is not a party to the cause, but, in this case, has no bearing on this decision, and is intended only to cause judgment of standardization on the conflicting jurisprudence.

Article 767.º Assessment 1 – Received an injunction the counter-claims or expired the deadline for your presentation, is the conclusion the rapporteur for preliminary examination, with the appeal being rejected, in addition to the cases provided for in paragraph 2 of article 685.º-(C) where the applicant does not there is fulfilled the burden established in article 48 765.º, there is no opposition to it's Foundation or the situation provided for in paragraph 3 of article 763.º. 2-the decision of the rapporteur can the applicant claim to the Conference. 3 – after the deadline for reply of the defendant, the Conference decides the verification of the assumptions of the resource, including the contradiction invoked as your Foundation. 4-the judgment of the Conference provided for in the preceding paragraph is non-actionable, without prejudice to the full of the civil sections, to judge the appeal, be able to decide in the opposite direction.

Article 768.º the resource resource to Effect uniformity of case law has merely devolutive effect.

Article 769.º provision of collateral if it is pending or is promoted to sentence, cannot the judgment creditor or a creditor to be paid in money or in any goods without paying bail.

Article 770.º Trial and the following terms when the appeal is well founded 1-the trial of appeal shall apply the provisions of article 732.º-B, with the necessary adaptations. 2 — without prejudice to article 766.º, the decision to check the existence of contradictory case law revokes the contested judgment and replaces it with another in which decides the issue controversial. 3-the decision to dismiss the appeal does not affect any previous sentence that you have contested neither the legal situations to your shelter. 49 Article 922 is void-the rules governing appellate resources resources and magazine decisions handed down in the Executive process are the provisions governing the declaration process, except what you're going to prescribed in the following articles.

Article 922 is void-B 1 Appeal – appeal of appeal of decisions to put end to the following incidents: a) liquidation shall not dependent on simple arithmetic calculation; b) verification and graduation of credits; c) opposition to execution; d) opposition to attachment. 2-in the case referred to in point (d)) of the preceding paragraph the term of filing is reduced to 15 days. 3-interlocutórias decisions handed down under the incidents referred to in paragraph 1 shall be an action before the feature that will be made of the final decision. 4-the remaining decisions contested in a single interlocutórias must be to an appeal within 15 days of the notification provided for in paragraph 2 of article 919.º.


Article 922 is void-C Magazine Fit magazine feature of the decisions referred to in (a)), b) and (c)) of paragraph 1 of the preceding article.»

Article 3 Amendment to the Organization of the code of Civil Procedure are made the following changes in systematic organization of 50 Civil Procedure Code: to) is deleted the Subsection II of section II of Chapter VI of the Subtitle I of title II of Book III; b) is eliminated the section IV of Chapter VI of the Subtitle I of title II of Book III and their subsections; c) is created a new section V chapter VI of Subsection I of title II of Book III, called ' resource for Standardization of case-law», which begins with the article 763.º and ends with the 770.º article, and the subsequent sections renumbered accordingly; d) is deleted the section VI of Chapter VI of the Subtitle I of title II of Book III.

Article 4 amendment of Act No. 3/99, of 13 January articles 24, 43, 55 and 59 of law No. 3/99, of 13 January (law on organisation and functioning of the Judicial Courts), as amended by Statement of Rectification No 7/99, 4 February, as amended by law No. 101/99, July 26 , by Decree-Law No 323/2001, of 17 December, and 38/2003, 8 March, by law No. 105/2003, of December 10, by Decree-Law No. 53/2004, of March 18, by law No 42/2005, of 29 August and by Decree-Law No. 76-A/2006, of 29 March, is replaced by the following : «article 24 [...]

1 – in civil matters, the jurisdiction of the courts of appeal is € 30 000 and the Court of first instance is € 5 000. 2 – [...]. 3 – [...].

Article 43 [...]

1 – [...]. 2 – [...]. 51 3 – it is incumbent upon the President of the Supreme Court of Justice rule on conflicts of jurisdiction that occur between: a) The top of the sections; b) sections; (c) courts of appeal); d) the courts of appeal and courts of first instance; and) courts of 1st instance of different judicial districts or based in different courts of appeal area. 4 – the President of the Supreme Court of Justice may delegate the powers referred to in the preceding paragraph in the Vice-Presidents.

Article 55 [...]

It is up to the courts of appeal, working in plenary, exercise the powers conferred by law.

Article 59 [...]

1 – [...]. 2 – the President of the Court of appeal is competent to rule on conflicts of jurisdiction between courts of 1st instance based on their court, and may delegate this competence in the Vice President. 3-[previous No. 2]. 4-[previous paragraph 3].»

Article 5 amendment to Decree-Law No. 269/98, of September 1 article 1 of Decree-Law No. 269/98, of September 1 as amended by Corrigendum n° 16-A/98, of 30 September, and amended by decree-laws No. 383/99, of the 23 September, 183/2000, of 10 August, 323/2001 , of 17 December, 32/2003, of 17 February, 38/2003, 8 March, 324/2003, of December 27, as amended by Corrigendum No. 26/2004, 24 of February, 52 and 107/2005, of July 1, as amended by Statement of Rectification No 63/2005 of 19 August, is replaced by the following : ' article 1 [...]

The scheme is approved procedures to require the fulfilment of pecuniary obligations arising from contracts with a value not exceeding € 15,000, published in annex which is an integral part of the present law.»

Article 6 amendment to Decree-Law No. 423/91, of 30 October article 2 of Decree-Law No. 423/91, of 30 October, amended by laws Nos. 10/96, of 23 March and 136/99, 28 August, by Decree-Law No. 62/2004, 22 March, and by law No. 31/2006, of July 21 is replaced by the following: ' article 2 [...]

1 – the compensation from the State is restricted to the patrimonial damage resulting from injury and is fixed in terms of equity, with ceilings for each injured person, the amount of € 30,000.00 for cases of death or serious physical injury. 2-in cases of death or injury of several people as a result of the same fact, the compensation from the State has as a maximum amount of € 30,000.00 for each of them, with the maximum total of € 90,000.00. 3-If the compensation is fixed in the form of annual income, the ceiling is € 3,750.00 per injured person, and may not exceed the amount of € 11,250.00 when several injured due to the same fact. 4 – […]. 5-in the cases referred to in paragraph 3 of article 1, there is also room for 1 53 compensation for damage of things of considerable value, with a maximum amount of € 15,000.00. 6 – […]. 7 – […]»

Article 7 transitional provision the provisions of this decree-law shall not apply to cases pending at the date of your entry into force.

Article 8 Repeal Are repealed paragraph 5 of article 111, articles 119, 120, 686.º, 687.º, 690.º, 690.º, 689(2)-A, 690.º-B, 695.º, 698.º, 699.º, 701.º, 710.º, 733.º section, the 762.º, the 778.º 782.º, 922 is void and 923.º of the code of Civil procedure and (b)) of article 33, paragraph 2 of article 35, paragraph (e)) of article 36 and subparagraph (d)) and paragraph 2 of article 56 of law No. 3/99, of 13 January.

Article 9 Beginning of the present law shall enter into force on the day----------------------------.

Seen and approved by the Council of Ministers of the Prime Minister, the Minister of Justice