1

PROPOSED LAW NO. 95 /X

Exhibition of Motives

1. The architecture of the resource system of the Code of 1939, approved by the Decree

n. 29637 of May 28, has in essence survived multiple interventions

legislative of which it was targeted.

It is certain that the reform of 1995/96 carried out a significant change of the regime of the

resources, with the main objectives of securing a second degree of jurisdiction in

matter of fact, simplify the procedural regime and clarify the doubts raised by

purpose of the scheme in force. They are to point out, still, the creation of the resource per saltum

to the Supreme Court of Justice, the rule that the claims in the ordinary appeals

are delivered in the court resorted to, the possibility of the judge bench judging summarily

the appeal in certain situations and the revocation of Article 2 of the Civil Code, which

allow the courts to fix doctrine with general mandatory force through seats,

by creating, alternatively, the expanded judgment of the magazine resource, provided for in the

articles 732-A and 732 .º-B.

However and in an express manner, a deep intervention was refused on the foundations of the

system, patent option, specifically, in the rejection of the proposal for unification of the

ordinary resources, successively presented in precedents of reform projects,

because it has seemed more appropriate, it tells us the preamble to the Decree-Law No. 329-A/95, of

December 12, " maintain such differentiation, in which the resource regime is based

beams in civil proceedings ", as the option by a unitary system" would require,

in fact, to reformulate practically all legal precepts that are reaching the resources,

not getting unscathed virtually no article of the current Code, in addition to whether

to reveal particularly difficult the clear definition of the regime of effects to be ascribe to the

"unitary resource", which can obviously not translate into the mere "collage" of the

regimes currently statued for the appeal and aggravation or in ending up having to

refishing, by delineating the schemes, differentiation between the resources reaching the decision

of merit and those that focus on the resolution of procedural matters ".

2. The Ministry of Justice has decided to undertake a comprehensive and integrated assessment of that

2

system, which, going beyond a strictly legal analysis of the respective scheme,

analyzed the functioning of the higher courts, characterizing, so

detail as possible, the respective procedural movement and the resources

humans and materials that are affections to them and instructing, in this way, the definition of

administrative and legislative measures for simplification of procedural rules and

procedurs that favour the efficiency of the system and quality of decisions.

The results of that evaluation were made public in May 2005, kicking off

a broad public discussion that was attended by several faculties of

Portuguese law and would prove to be a determining stage in the preparation of the present

legislative initiative.

Of the study carried out resulted that, in general, and since the beginning of the 80, the

number of resources entrenched in the Relations and the Supreme Court of Justice has

increased, representing capable resources in actions concerning civil debts and

commercial about 50% of the total resources.

This coincidence of subjects of the interposed resources in the cable sections of the Relations and

of the Supreme Court of Justice seems to indict that, whenever the values of the action and

from succumbing to the behave, there is a typical resource interment pathway for

the Relation followed by magazine to the Supreme Court of Justice.

The evaluation carried out revealed, still, an almost nula use of the magazine feature

per saltum for the Supreme Court of Justice, with percentages less than 0.5% of the

total of finite magazine features in the Supreme.

It is certain that in the most recent years, a decrease has been observed.

considerable of the average durations of the captible resources, either in the Relations or in the

Supreme, reaching, in 2003, an average duration of four months.

However, it is to be present that these figures do not mirror the entire period that

medea between the interposition of the appeal with the court resorted to and its effective

entry to the higher court, which reaches on average about six months, to be added,

therefore, at the time that the higher courts spend, then on the respective

trial.

3. The present reform is guided by three key objectives: simplification,

procedural expeditiation and rationalization of access to the Supreme Court of Justice,

accentuating their functions of orientation and uniformity of jurisprudence.

It is intended to profoundly simplify the regime of resources by complying with this

Matter: the adoption of a monist regime of ordinary resources; the introduction of the rule

3

general to challenge interlocutory decisions only with the feature that comes to be

interposed of the decision that puts an end to the process; the equiparation, for purposes

recursation, of the decisions that put an end to the process, be these decisions of merit

or in form; the concentration at single procedural moments of the procedural acts of

inter-position of appeal and submission of allegations and the dispatches of admission and

dispatch of the resource; and the review operated in the regime of argument for vices and the

sentencing reform, by establishing that, by the appeal of the decision, the requirement

of rectification, clarification or reform is always made in the respective allegation.

In parallel, the complaint regime of the non-admission dispatch of the

recourse, by passing the respective trial to compete for the rapporteur, in the general terms; and,

at the stage of the trial, the visa regime is changed to the adjoining judges, establishing

that those only take place with the delivery of the copy of the draft judgment,

processing themselves simultaneously, by electronic means.

This simplification will allow for significant gains in procedural celerity, not just

at the stage of trial as in that which stems still before the court resorted to. Are

also evident the speed and procedural economy that the projected overall regime

of impugning the interlocutory decisions in the appeal that comes from the interlocus of the

final decision will provide for the very stepping stone of the proceedings in 1.

Finally, an option is made determined by the rationalization of access to the Supreme

Court of Justice, seeking to address the notorious trend of growth of

cible resources entered in this Court, where the number of resources entered in 2004 is

higher by more than 90% to the value verified in 1990 and thus creating conditions for

a better exercise of its function of orientation and uniformity of jurisprudence.

There is clearly subsuming in that desicration of rationalization of access to the Supreme: a

review of the value of the Relation's remit for € 30,000, which is accompanied by the introduction

of the mandatory fixing rule of the value of the cause by the judge; the standard that enshrines the

inadmissibility of appeal of the judgment which is in accordance with case law

uniformed of the Supreme Court of Justice, in the area of the same legislation and on

the same fundamental question of law or which confirms, without vote of due and yet

that by different grounds, the decision handed down in the 1 th instance, save when it is

in cause an issue whose appreciation, for its legal relevance or by versing on

immaterial interests of particular social relevance, is clearly necessary for a

better application of law.

They specifically serve the purpose of greater uniformity of jurisprudence: the

consecration of the right of appeal, irrespective of the remit and succumbance, of the

4

decisions rendered against consolidated case-law of the Supreme Court of Justice; the

obligation that passes the impending on the rapporteur and the adjoining of raising the judgment

magnified from the magazine whenever they check the possibility of expiration of a

legal remedy that contravenes uniformed jurisprudence of the Supreme Court of

Justice; and the introduction of an extraordinary feature of jurisprudence uniformity

for the full of the Supreme sections of the Supreme when this court, in section, utd

judgment that is in contradiction with another one previously delivered, in the field of

same legislation and on the same fundamental issue of law.

They are to mention, still, the amendment of the rules governing the burden borne by the appellant

that impugn the de facto decision, determining that it is up to the appellant, under penalty of

immediate rejection of the appeal, proceed to the transcript of the passages of the recording in which

se funda, the consecration of the possibility of oral discussion of the object of the appeal of

magazine, when the rapporteur, officiously or at the request of the parties, understands it

necessary; or the deepening of the procedural rules that establish mechanisms

of defence against the use of dilatory expedients by the parties.

Finally, it is intended to extend the cases in which the extraordinary appeal is admissible

of review, in a way to suit the respective regime to the European Convention on Rights

of the Man and the standards emanating from the competent bodies of the organisations

international that Portugal is a part of.

4. The reform of the system of resources in civil procedure is accompanied by a

deep review of the treatment of conflicts of competence, equally oriented

for the purposes of simplification, swiftness and procedural economics. In a way to avoid

the eternity of the discussion on a matter that is prior to the material discussion on the

cause, the conflicts of competence, in addition to be raised officiously,

they go on to be solved with an urgent character, in a single degree and by a single judge.

Thus:

Under the terms of the paragraph d) of paragraph 1 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

1-The Government shall be allowed to change the regime of appeals in civil procedure.

5

2-The Government is still allowed to change the regime of the conflicts of competence.

3-For the purposes set out in the preceding paragraphs, the Government shall be authorized to

change:

a ) The Code of Civil Procedure, approved by the Decree-Law No. 44129, of 28 of

December 1961, amended by the Decrees-Laws n. ºs 47690, May 11-

1967, and 323/70, of July 11, by the Portaria No. 439/74 of July 10, by the

Decrees-Leis n. ºs 261/75, May 27, 165/76, March 1, 201/76, de

March 19, 366/76, of May 5, 605/76, of July 24, 738/76, of 16 of

October, 368/77, of September 3, and 533/77, of December 30, by the Law

n. 21/78, of May 3, by the Decrees-Leis n. ºs 513-X/79, 27 of

December, 207/80, of July 1, 457/80, of October 10, 400/82, of 23 of

September, 242/85, of July 9, 381-A/85, of September 28, and 177/86, of 2

of July by Law No. 31/86 of August 29 by the Decrees-Leis n. ºs 92/88,

of March 17, 321-B/90, of October 15, 211/91, of July 14, 132/93,

of April 23, 227/94, of September 8, 39/95, of February 15, 329-

A/95, of December 12, 180/96, of September 25, 375-A/99, of 20 of

September, and 183/2000, of August 10, by the Law No. 30-D/2000 of 20 of

December, by the Decrees-Leis n. ºs 272/2001, of October 13, and 323/2001,

of December 17, by Law No. 13/2002 of February 19 and by the

Decrees-Laws No 38/2003 of March 8, 199/2003, of September 10,

324/2003, of December 27, and 53/2004, of March 18, by Law No. 6/2006,

of February 27, by the Decree-Law No. 76-A/2006, of March 29 and by the Law

n. 14/2006 of April 26;

b ) The Law of Organization and Functioning of the Judicial Courts, passed by the

Law No. 3/99 of January 13, with the wording given by the Declaration of

Rectification No 7/99 of February 4, as amended by Law No. 101/99, of 26 of

July, by the Decrees-Leis n. ºs 323/2001, of December 17, and 38/2003, of 8

of March, by Law No. 105/2003 of December 10, by the Decree-Law

n ° 53/2004 of March 18 and by Law No. 42/2005 of August 29 and by the

Decree-Law No 76-A/2006 of March 29;

c ) All diplomas whose need for modification decorates the changes to the

legislation referred to in the previous paragraphs.

6

Article 2.

Sense and extent of legislative authorization

1-The meaning and extent of the legislative authorization, with regard to the scheme of the

resources in civil procedure, are as follows:

a) Amendment of the regime of argument for addictions and sentencing reform, reducing

the situations in which it is lawful for the parties to apply for the reform of the sentence, and

establishing that, when it falls to the appeal of the decision, the requirement for

rectification, clarification or reform must be made in the respective allegation;

b) Review of the complaint regime of the court's order resorted to that not

admits the appeal, establishing that its judgment is incumbent on the rapporteur, in the

general terms;

c) Increase in the values of the courthoust of the courts of 1. th instance for € 5000 and the

a remit of the courts of the Relation for € 30000;

d) Consecration of the obligatory fixing of the value of the cause by the judge;

e) Unification of ordinary resources in the 1 th and in the 2 th instances, eliminating the

aggravated, and of the extraordinary review and opposition resources of third party;

f) Consecration of the right of appeal, irrespective of the remit and the

succumbing, of the decisions rendered against consolidated jurisprudence of the

Supreme Court of Justice;

g ) Consecration of the inadmissibility of the magazine appeal of the judgment of the Relation

which confirms, without a vote of due and yet by different grounds, the

decision handed down in the 1 th instance, save when the admission of the appeal is

clearly necessary for a better application of the right;

h) Consecration of the inadmissibility of the magazine resource if the orientation

periled in the judgment of the Relation is in accordance with the case-law

uniformed of the Supreme Court of Justice, in the area of the same legislation

and on the same fundamental issue of law;

i ) Review of the admissibility assumptions of the magazine resource per saltum ,

establishing that this may take place in the causes of superior value to the alt of the

court of the Relation provided that, verified the remaining requirements currently

anticipated, the contested decision is unfavorable for the appellant in value

also higher than half of the remit of that court;

j) Review of the expanded magazine regime, establishing that the trial

amplified is mandatorily proposed to the President of the Tribunal by the rapporteur or

7

by the adjoining when verifying the possibility of maturity of a

legal solution that is in opposition with jurisprudence previously

firmed up, in the field of the same legislation and on the same fundamental issue

of law;

l) Consecration of the general rule of impugation of interlocutory decisions in the

feature that comes to be brought about by the final decision and a common regime of

resource of the decisions that put an end to the process, be these decisions of

merit or form;

m) Unification of the procedural moment for the interposition of the resource and for the

presentation of the allegations as well as for the proliation of the dispatch of

admission of the resource and dispatch that orders the shipment of the resource to the

superior court;

n ) Amendment of the rules governing the burden on the appellant's charge that impugn the

decision in fact, determining that it is up to the appellant, under penalty of immediate

rejection of the appeal with regard to the impugning of the matter in fact, proceed

the identification of the passage of the recording in which it merges that contest, with

reference to audio recording means that allow for accurate identification

and separate from the affidavits, without prejudice to the parties being able to proceed to the

transcript of the passages of the recording in which the imputation is founded;

o) Amendment of the visa regime to the adjoining judges, establishing that visas

only take place after the delivery of the copy of the draft judgment and that the

views if they process, preferentially, by electronic and form means

concurrent;

p ) Consecration of the possibility of oral discussion of the subject matter of the magazine appeal,

when the rapporteur understands it necessary, officiously or at the requirement of the

parts;

q ) Deepening of the procedural rules that establish defence mechanisms

against the abusive delays in the plotting of resources;

r ) Consecration of a resource for the uniformization of jurisprudence of decisions

of the Supreme Court of Justice that contravenes uniformed jurisprudence or

consolidated of that Court;

s ) Extension of cases in which the extraordinary review appeal is admissible,

in such a way as to suit the respective regime to the European Convention on the Rights of the

Man and the standards emanating from the competent bodies of organisations

international that Portugal is a part of.

8

2-As far as the conflicts of competence, the meaning and extent of the authorization are concerned

legislative are as follows:

a ) Amendment of the rules for the resolution of conflicts of competence, passing those

conflicts to be decided by a single judge, in a single degree, both in the

Supreme Court of Justice as in the courts of Relation;

b ) Amendment to the tramway of procedural rules reaching the resolution of the

conflicts of competence, establishing that the court that perceives itself from the

conflict must raise it officiously from the competent court to decide,

and that the process for the resolution of conflicts of competence has character

urgent.

Article 3.

Duration

The legislative authorization granted by this Law shall be for the duration of 180 days.

Seen and approved in Council of Ministers of September 7, 2006.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

9

1. The architecture of the resource system of the Code of 1939, approved by the Decree

n. 29637 of May 28, has in essence survived multiple interventions

legislative of which it was targeted.

It is certain that the reform of 1995/96 carried out a significant change of the regime of the

resources, with the main objectives of securing a second degree of jurisdiction in

matter of fact, simplify the procedural regime and clarify the doubts raised by

purpose of the scheme in force. They are to point out, still, the creation of the resource per saltum

to the Supreme Court of Justice, the rule that the claims in the ordinary appeals

are delivered in the court resorted to, the possibility of the judge bench judging summarily

the appeal in certain situations and the revocation of Article 2 of the Civil Code, which

allow the courts to fix doctrine with general mandatory force through seats,

by creating, alternatively, the expanded judgment of the magazine resource, provided for in the

articles 732-A and 732 .º-B.

However and in an express manner, a deep intervention was refused on the foundations of the

system, patent option, specifically, in the rejection of the proposal for unification of the

ordinary resources, successively presented in precedents of reform projects,

because it has seemed more appropriate, it tells us the preamble to the Decree-Law No. 329-A/95, of

December 12, " maintain such differentiation, in which the resource regime is based

beams in civil proceedings ", as the option by a unitary system" would require,

in fact, to reformulate practically all legal precepts that are reaching the resources,

not getting unscathed virtually no article of the current Code, in addition to whether

to reveal particularly difficult the clear definition of the regime of effects to be ascribe to the

"unitary resource", which can obviously not translate into the mere "collage" of the

regimes currently statued for the appeal and aggravation or in ending up having to

refishing, by delineating the schemes, the differentiation between the resources reaching the decision of

merit and those that focus on the resolution of procedural matters ".

2. The Ministry of Justice has decided to undertake a comprehensive and integrated assessment of that

system, which, going beyond a strictly legal analysis of the respective scheme,

analyzed the functioning of the higher courts, characterizing, so in detail

how much possible, the respective procedural movement and the human and material resources

that they are allocated to them and instructing, in this way, the definition of administrative measures

and legislative simplification of procedural and procedural rules that favour the

efficiency of the system and quality of decisions.

The results of that evaluation were made public in May 2005, kicking off

10

a broad public discussion that was attended by several faculties of

Portuguese law and would prove to be a determining stage in the preparation of the present

legislative initiative.

Of the study carried out resulted that, in general, and since the beginning of the 80, the

number of resources entrenched in the Relations and the Supreme Court of Justice has

increased, representing capable resources in actions concerning civil debts and

commercial about 50% of the total resources.

This coincidence of subjects of the interposed resources in the cable sections of the Relations and

of the Supreme Court of Justice seems to indict that, whenever the values of the action and

from succumbing to the behave, there is a typical resource interment pathway for

the Relation followed by magazine to the Supreme Court of Justice.

The evaluation carried out revealed, still, an almost nula use of the magazine feature

per saltum for the Supreme Court of Justice, with percentages less than 0.5% of the

total of finite magazine features in the Supreme.

It is certain that in the most recent years, a decrease has been observed.

considerable of the average durations of the captible resources, either in the Relations or in the

Supreme, reaching, in 2003, an average duration of four months.

However, it is to be present that these figures do not mirror the entire period that

medea between the interposition of the appeal with the court resorted to and its effective

entry into the upper court which, it reaches on average about six months, to be increased,

therefore, at the time that the higher courts spend, then on the respective

trial.

3. The present reform is guided by three key objectives: simplification,

procedural expeditiation and rationalization of access to the Supreme Court of Justice,

accentuating their functions of orientation and uniformity of jurisprudence.

It is intended to profoundly simplify the regime of resources by complying with this

Matter: the adoption of a monist regime of ordinary resources; the introduction of the rule

general to challenge interlocutory decisions only with the feature that comes to be

interposed of the decision that puts an end to the process; the equiparation, for purposes

recursation, of the decisions that put an end to the process, be these decisions of merit

or in form, the concentration at single procedural moments of the procedural acts of

inter-position of appeal and submission of allegations and the dispatches of admission and

dispatch of the resource; and the review operated in the regime of argument for vices and the

sentencing reform, by establishing that, by the appeal of the decision, the requirement

11

of rectification, clarification or reform is always made in the respective allegation.

In parallel, the complaint regime of the non-admission dispatch of the

recourse, by passing the respective trial to compete for the rapporteur, in the general terms; and,

at the stage of the trial, the visa regime is changed to the adjoining judges, establishing

that those only take place with the delivery of the copy of the draft judgment,

processing themselves simultaneously, by electronic means.

This simplification will allow for significant gains in procedural celerity, not just

at the stage of trial as in that which stems still before the court resorted to

also evident the speed and procedural economy that the projected overall regime

of impugning the interlocutory decisions in the appeal that comes from the interlocus of the

final decision will provide for the very stepping stone of the proceedings in 1.

Finally, an option is made determined by the rationalization of access to the Supreme

Court of Justice, seeking to address the notorious trend of growth of

cible resources entered in this Court, where the number of resources entered in 2004 is

higher by more than 90% to the value verified in 1990 and thus creating conditions for

a better exercise of its function of orientation and uniformity of jurisprudence.

There is clearly subsuming in that desicration of rationalization of access to the Supreme: a

review of the value of the Relation's remit for € 30,000, which is accompanied by the introduction

of the mandatory fixing rule of the value of the cause by the judge; the standard that enshrines the

inadmissibility of appeal of the judgment which is in accordance with case law

uniformed of the Supreme Court of Justice, in the area of the same legislation and on

the same fundamental question of law or which confirms, without vote of due and yet

that by different grounds, the decision handed down in the 1 th instance, save when it is

in cause an issue whose appreciation, for its legal relevance or by versing on

immaterial interests of particular social relevance, is clearly necessary for a

better application of law.

They specifically serve the purpose of greater uniformity of jurisprudence: the

consecration of the right of appeal, irrespective of the remit and succumbance, of the

decisions rendered against consolidated case-law of the Supreme Court of Justice; the

obligation that passes the impending on the rapporteur and the adjoining of raising the judgment

magnified from the magazine whenever they check the possibility of expiration of a

legal remedy that contravenes uniformed jurisprudence of the Supreme Court of

Justice; and the introduction of an extraordinary feature of jurisprudence uniformity

for the full of the Supreme sections of the Supreme when this court, in section, utd

judgment that is in contradiction with another one previously delivered, in the field of

12

same legislation and on the same fundamental issue of law.

They are to mention, still, the amendment of the rules governing the burden borne by the appellant who

impugn the decision in fact, determining that it is up to the appellant, under penalty of immediate

rejection of the appeal, proceed to the transcript of the passages of the recording in which it is founded;

the consecration of the possibility of oral discussion of the subject matter of the magazine appeal,

when the rapporteur, officiously or at the request of the parties, understands it necessary; or the

deepening of the procedural rules that establish defence mechanisms against the

use of dilatory expedients by the parties.

4. Finally, the cases in which the extraordinary appeal of

review, in such a way as to suit the respective regime to the European Convention on the Rights of the

Man and the standards emanating from the competent bodies of international organisations

of which Portugal is a party.

Article 46 of the European Convention on Human Rights establishes that the States

that have ratified the Convention obligate to respect the final sentences of the

European Court of Human Rights (ECtHR) in the disputes in which they were parties.

Such decisions must be respected by all entities, although at internal level the

State goze from the faculty of choosing the means it deems suitable for your

execution.

The problem arises when a transient internal decision is at issue in

judged. In that situation, our planning does not consider the decision of the ECtHR to be

a new fact likely to enable the revision of the internal decision. The inclusion of

a new paragraph in Article 771, it aims to solve this problem by corresponding to the

interpellation addressed to the member states in Recommendation No. 2/2000, 29 of

January, of the Committee of Ministers of the Council of Europe.

5. The reform of the system of resources in civil procedure is accompanied by a

deep review of the treatment of conflicts of competence, equally oriented

for the purposes of simplicial, celerity and procedural economics. In a way to avoid the

eternity of the discussion on a matter that is prior to the material discussion on the

cause, the conflicts of competence, in addition to be raised officiously,

they go on to be solved with an urgent character, in a single degree and by a single judge.

13

Thus:

In the use of the legislative authorization granted by the Law n., of ....., and pursuant to the

points a) and b ) of Article 198 (1) of the Constitution, the Government decrees the following:

Article 1.

Amendment to the Code of Civil Procedure

Articles 12, 116, 117, 123, 186, 225, 225, 229, 229, 234, 234.-234.

262, 291, 315, 506, 522, 668.-C, 669, 670, 672, 677, 677, 677, 677, 677, 677.

678, 680, 682, 685, 688, 692, 693, 696, 703, 703, 703, 703, 703, 703, 703, 703

707, 709, 712, 715, 720, 720, 727 to 729, 732 to 729, 732.-B, 732.

771 to 776, 800, 953, 1087, 1099, 1373, 1382, 1382, 1382 and 1396 of the

Code of Civil Procedure, approved by the Decree-Law No. 44129, of December 28 of

1961, changed by the Decrees-Leis n. the

47690, of May 11, 1967, and 323/70, of 11

of July, by the Portaria No. 439/74 of July 10 by the Decrees-Leis n. the

261/75, from 27

of May, 165/76, of March 1, 201/76, of March 19, 366/76, of May 5, 605/76,

of July 24, 738/76, of October 16, 368/77, of September 3, and 533/77, of 30 of

December, by Law No. 21/78, of May 3, by the Decrees-Leis n. the

513-X/79, from 27

of December, 207/80, of July 1, 457/80, of October 10, 400/82, of 23 of

September, 242/85, of July 9, 381-A/85, of September 28, and 177/86, of July 2,

by Law No. 31/86, of August 29, by the Decrees-Leis n. the

92/88, of March 17,

321-B/90, of October 15, 211/91, of July 14, 132/93, April 23, 227/94, of

September 8, 39/95, February 15, 329-A/95, December 12, 180/96, from 25

of September, 375-A/99, of September 20, and 183/2000, of August 10, by Law n.

30-D/2000, of December 20, by the Decrees-Leis n. the

272/2001, of October 13, and

323/2001, of December 17, by Law No. 13/2002 of February 19 by the Decrees-

Laws n. the

38/2003, of March 8, 199/2003, of September 10, 324/2003, of 27 of

December, and 53/2004, of March 18, by Law No. 6/2006, of February 27, by the

Decree-Law No 76-A/2006 of March 29 and by Law No 14/2006 of April 26,

shall be replaced by the following:

" Article 12.

[...]

1-[...].

14

2-[...].

3-Outer the other parent, when only one of them has required, well

as the Public Prosecutor's Office, the judge decides in accordance with the interest of the

minor, and may assign representation to only one of the parents, designate curator

special or confer representation to the Public Prosecutor's Office, full appeal

of the decision.

4-[...].

5-[...].

Article 116.

[...]

1-The conflicts of jurisdiction are resolved by the Supreme Court of

Justice or the Court of Conflicts, as per cases; the conflicts of

competency is solved by the president of the lower court

category that exercises jurisdiction over the authorities in conflict.

2-[...].

Article 117.

[...]

1-When the court becomes aware of the conflict, it should whisper it

officiously attached to the president of the competent court to decide.

2-The conflict may also be aroused by either party or by the

Prosecutor's Office upon application addressed to the President of the

court.

3-The process for the resolution of conflicts of competence has character

urgent.

Article 118.

Subsequent tramping

1-If the resolution of the conflict has been raised officiously, it shall

it would notify the parties to speak out within five days.

2-When the resolution of the conflict has been requested by one of the Parties,

15

may the opposing party pronounce on the time limit referred to in the preceding paragraph.

3-In any case, the process goes with a view to the Public Prosecutor's Office for the

period of five days.

Article 123.

[...]

1-When you check any of the causes of hindrance, you owe the judge,

officiously, declare to be prevented or may the parties, until the sentence,

apply for the declaration of the impediment.

2-From the order delivered on the impediment of any of the judges may

complain to the conference, which decides with the intervention of all the

judges who should intervene, except from the one to whom the impediment respects.

3-Declared the impediment, the cause passes to the substitute judge, with

exception of the case provided for in Article 89 (2).

4-In the superior courts, the provisions of Article 227 (1) are observed,

if the impediment respects to the rapporteur, or the cause passes to the immediate judge, if the

impediment to respect to any of the adjoining.

5-Whatever the value of the cause, it is always permissible to appeal the decision

of indeinjury to the immediately superior court, which rises in

separate.

Article 154.

[...]

1-A The maintenance of the order in the procedural acts competes with the magistrate

that they preside over, which makes the necessary arrangements against whom

disturb their achievement, and may, in particular, and depending on the

gravity of the offence, warns with urbanity the offender, remove him the

word when this one deviates from respect due to the court or the

beholdant institutions, convict him in fine, or make him leave the place where the

act takes place.

2-[ previous n. 3 ].

3-The magistrate shall make consignment on the minutes, in a specified manner, the

acts that determined providence, without prejudice to the procedure

16

criminal or disciplinary that in the couber case.

4-Whenever the word is taken down to lawyer or lawyer-trainee

or to the magistrates of the Public Prosecutor's Office, is, depending on the cases, given

circumstantial knowledge of the fact to the Order of Lawyers, to

disciplinary effects, or the respective hierarchical superior.

5-Of the decisions referred to in paragraph 1 shall be up to appeal, to be prosecuting as urgent,

with suspensive effect of the process and, as to the decision to withdraw the word

or order the departure of the place in which the act is carried out to the judicial representative,

also with suspensive effect of the decision.

6-[ previous n. 7 ].

Article 186.

[...]

1-[...].

2-[...].

3-The Public Prosecutor's Office may interact appeal with effect

suspensive of the fulfillment dispatch, whatever the value of the cause.

Article 224.

[...]

In the Relations there are the following species:

1. nd Appeals in ordinary and special proceedings;

2. nd Appeals in summary and summaries process;

3. Resources in criminal proceedings;

4. Conflict and review of sentences of foreign courts;

5. Causes of which the Relation knows in 1 th instance.

Article 225.

[...]

In the Supreme Court there are the following species:

1. Magazine;

2. Resources in criminal proceedings;

17

3 Th Conflicts;

4. nd Appeals;

5. nd Causes that the court knows in only instance.

Article 229-The

[...]

1-In proceedings in which the parties have constituted judicial representative,

all procedural acts that should be practiced in writing by the parties

after notification to the author of the defendant's contestation, are notified by the

judicial representative of the present to the judicial representative of the counterparty,

in the respective professional domicile, pursuant to Art. 260.

2-[...].

Article 234-The

[...]

1-[...].

2-Is admitted to recourse until the Relation of the order that there is undue

liminally the petition for action or cautionary procedure, the value of which

is contained in the winged of the courts of first instance.

3-The order that admits the appeal referred to in the preceding paragraph orders the

citation of the defendant or required, both for the terms of the resource and for the

of the cause, save if the respondent in the cautionary procedure does not have to be

heard before their enacted.

4-[...].

5-[...].

Article 262.

[...]

1-[...].

2-From the order of dismisstion of the notification rests up to the

Relation.

18

Article 291.

[...]

1-[...].

2-Resources are thought to be deserted in the cases provided for in Article 5 (5)

721. or when, because of the appellant's attributable, are stopped

for more than a year.

3-[...].

4-[...].

Article 315.

Fixing of value

1-Compete to the judge set the value of the cause, without prejudice to the duty of

indication that impens on the parties.

2-The value of the cause is fixed in the saneador dispatch, save in the processes to

which refers to Article 308 (3) and in those where there is no place to

dispatcher saneador, being in these cases fixed in the sentence.

3-If appeal is brought before the fixation of the value, this takes place in the

dispatch on the application for interposition.

Article 475.

[...]

1-[...].

2-From the dispatch confirming the non-receipt is up to the

Relation, even if the value of the cause does not exceed the remit of the courts of

first instance, applying, with the necessary adaptations, the willing

in article 234.

Article 506.

[...]

1-[...].

2-[...].

19

3-[...].

4-[...].

5-[...].

6-The articulated facts that matter to the decision of the cause are included in the

instructional basis or, in cases where the latter is already drawn up, are to you

deferred, with no possibility of complaint against the addition, cabling

feature of the order that mandating it in the general terms of Article 691.

Article 522-C

[...]

1-[...].

2-When there is room for audio or video recording, it should be noted in the minutes

the beginning and the end of the recording of each statement, information or

clarification, in such a way as to be possible an accurate and separate identification

of the same.

Article 667.

[...]

1-[...].

2-In the event of an appeal, rectification can only take place before it goes up,

may the parties claim before the top court what they understand from their

right in regard to rectification. If none of the parties appeal, the

rectification can take place at all time.

Article 668.

[...]

1-It is void of the sentence when:

a ) Does not contain the signature of the judge;

b ) Do not specify the grounds of fact and law that justify the

decision;

c ) The grounds are in opposition with the decision;

d ) The judge cede no pronount on issues that should appreciate or

20

know of issues that you could not take notice of;

and ) Condensate in excess quantity or in a diverse object of the application.

2-[...].

3-The nulities mentioned in the points b ) a and ) of paragraph 1 can only be

defendants before the court who handed down the sentence if this one does not admit it

ordinary resource, and may the appeal, in the contrary, have as

foundation any of these nullities.

Article 669.

[...]

1-Can any of the parties apply in the court to provide the sentence:

a ) The clarification of some obscurity or ambiguity concerning the

decision or its fundamentals;

b ) [...].

2-Cabling appeal of the decision, the requirement set out in the preceding paragraph

is made in the allegation itself.

Article 670.

[...]

1-Argued some of the nullities provided for in points b) a e) of paragraph 1 of the

article 668 or sought to accrate the sentence or its retirement, on the terms

of the previous articles, shall the judge dismiss the application or issue

dispatching to correct the addiction, to accrue or to reform the impugned sentence,

that in this case, it is considered as a complement and an integral part of the sentence.

2-From dispatch that dismist the application provided for in the preceding paragraph

is not up to appeal.

3-In cases where there has been recourse to the decision, this one is having by

object to the new decision, and the appellant may, within 10 days, give up

of the appeal, or extend or restrict the respective scope accordingly

with the amendment that the sentence has suffered and the defendant respond to such

change in the same time frame.

4-In case the general requirements of Article 678 (1) are met.

resorted may interpose new appeal of the aclared sentence, corrected or

21

refurbished within 15 days of notification of the order referred to

in paragraph 1.

5-The order provided for in paragraph 1 shall be delivered with the one who admits the

feature and orders the respective ascent, and the rapporteur should, if the judge omits

that dispatch, send to drop the process so that the same is

prowound.

Article 672.

[...]

1-The dispatches, as well as the sentences, which fall solely on the

procedural relationship has mandatory force within the process.

2-Excludes from the provisions of the preceding paragraph the dispatches provided for in the

article 679.

Article 676.

[...]

1-[...].

2-Resources are ordinary or extraordinary: they are ordinary the appellation

and the magazine; are extraordinary the resource for uniformity of

jurisprudence and the review.

Article 677.

[...]

The decision considers itself to be carried over on trial as soon as it is not susceptible

of ordinary appeal, or of claim pursuant to Articles 668 and 669.

Article 678.

[...]

1-It is only permissible ordinary recourse in the causes of higher value to the alyme

of the court of which it is resorted to as long as the contested decision is

unfavorable for the appellant in value also higher than half of the

22

winged from that court, attending, in the event of the founded doubt about the

value of succumin, only to the value of the cause.

2-Irrespective of the value of the cause and succumbing, it is always

permissible appeal:

a) Of the decisions rendered in violation of the rules of competence

international, on the grounds of matter or hierarchy or with an offence of

case judged;

b) From decisions relating to the value of the cause, the incidents or the

cautionary procedures, on the grounds that their value exceeds the

of the court of which it is resorted to;

c) Of the decisions rendered, in the field of the same legislation and on the

same fundamental question of law, against jurisprudence

uniformed or consolidated of the Supreme Court of Justice.

3-Irrespective of the value of the cause and succumbing, it is always

permissible recourse for the Relation in the actions in which the validity is appreciated,

the livelihood or cessation of leasing contracts, with the exception

of leases for non-permanent housing or for special purposes

transients.

4-It is considered to be consolidated the case law when they have been

prowounded by the Supreme Court of Justice, on the same issue

fundamental of law, three consecutive judgments in the same sense, without

subsequent judgment in opposition.

Article 680.

[...]

1-Resources can only be interposed by whom, being a main part in the

cause, has become overdue, with the exception of the review facility provided in the

point ( g) of Article 771.

2-People directly and effectively impaired by the decision may

turn from it, yet they are not parties to the cause or are only parts

accessory.

3-The resource provided for in ( g) of Article 771 may be interposed by

any third party, considering as third party the unable that there is

intervening in the process as a part, but through representative

23

legal.

Article 682.

[...]

1-[...].

2-The interposition term of the subordinated resource is assumed to be

notification of the interposition of the appeal of the contrary party.

3-[...].

4-[...].

5-[...].

Article 683.

[...]

1-[...].

2-[...].

3-A The membership of the appeal may take place by means of application or by

subscription to the appellant's claims, until the beginning of the period referred to in para.

1 of Article 707.

4-[...].

5-[...].

Article 685.

Deadlines

1-The term of interposition of the resource is 30 days, saved in the processes

urgent and in the other cases expressly provided for in law, and account for

departure from the notification of the decision.

2-If the party is revel and does not have to be notified under Rule 255,

the term of the interposition runs since the publication of the decision, however, if the

revealed from the cessation part before the deadline for the interposition of the

subsequent appeal to the publication, has the sentence or order to be notified

and the time limit begins to run from the date of the notification.

3-Dealing with dispatches or oral sentences, reproduced in the process,

24

the deadline runs from the day on which they were given, if the party was present or

has been notified to attend the act.

4-[ previous n. 3 ].

5-In a time identical to that of the interposition, it may the defendant respond to the

allegation of the applicant.

6-In your claim the defendant may challenge the admissibility or the

tempestivity of the resource, as well as the legitimacy of the appellant.

7-If the appeal is for the purpose of re-examination of the engraved proof, at the time

of interposition and response plus 10 days.

8-If the extension of the object of the appeal is required by the defendant in the

terms of Article 684, it may still the appellant to respond to the matter of

magnification, in the 15 days after notification of the application.

9-Havendo several recurring or multiple recurrages, yet

represented by different lawyers, the time frame of the respective claims is

single, incumbent on the office to arrange for everyone to proceed

to the examination of the process during the period of which they benefit.

Article 688.

Complaint against the dismissation

1-From the dispatch that does not admit the appeal may the appellant complain to the

court that would be competent to know of that appeal.

2-The defendant may respond to the complaint filed by the appellant.

3-A complaint, addressed to the higher court, is presented at the registry office

from the court resorted, autuada by apenso to the main autos and is always

instructed with the application for appeal interment, the decision resorted to

and the dispatching object of complaint.

4-A The complaint is submitted as soon to the rapporteur, who, within 10 days,

profere decision that admits the appeal or that maintains the dispatch

claimant.

5-If the rapporteur does not judge sufficiently elucidated with the documents

referred to in paragraph 3, may request the court to appeal the clarifications

or the certificates you understand necessary.

6-If the resource is admitted, the reporter requests the main process to the

court resorted that the must make it go up within 10 days.

25

Article 691.

[...]

1-Of the decisions of the court of first instance that put an end to the

process is appealing appeal.

2-It is still appealing to appeal the following decisions of the court of

first instance:

a ) Decision by which the judge indefencs the opposite impediment by some of the

parts;

b ) Decision that appreciates the jurisdiction of the court;

c ) Decision that applies fine;

d ) Decision that condemnations in the performance of pecuniary obligation,

guaranteed by deposit or escrow;

and ) Decision that has ordered the cancellation of any registration;

f ) Decision suspending the instance;

g ) Decision delivered after the final decision;

h) Saneador dispatch that, without putting an end to the process, decides on merit

of the cause, whose imputation with the appeal of the final decision is

likely to cause the recurrent injury to be difficult to repair;

i ) Decisions whose imputation with the appeal of the final decision would be

absolutely useless;

j ) In the remaining cases expressly provided for in the law.

3-The remaining decisions rendered by the court of first instance

must be challenged in the appeal that comes to be brought by the decision

final.

4-If there is no appeal of the final decision, the interlocuting decisions

may be challenged, should they have an interest for the appellant

regardless of that decision, and shall be the subject of an appeal

single, interacting after the transit of the said decision.

5-In cases provided for in paragraphs 2 and 4 and in urgent proceedings, the deadline for

inter-position of appeal and submission of claims is reduced to 15 days.

26

Article 692.

[...]

1-[...].

2-A appellation has, however, suspenseful effect:

a ) In the decision to put an end to the proceedings in actions on the state of the

people;

b ) In the decision putting an end to the proceedings in the actions referred to in paragraph 3

of Article 678 and in those respecting the possession or ownership of home of

housing.

3-Suspend still the effects of the contested decision, in addition to those in the

previous number:

a ) The interposable appeals of the decisions provided for in paragraphs c ), d ) and and ) from the

n Article 691 (2);

b ) All too much to which the law expressly assigns this effect.

4-Out of the cases provided for in the preceding paragraph, the appellant may apply,

when interacting the appeal, that the appeal has suspensive effect when the

execution of the decision will cause you considerable injury and offer to

provide collateral, by giving the allocation of that effect conditional on the effective

provision of the collateral in the period set by the court and applying for paragraph 3 of the

article 818.

Article 693.

[...]

1-The appellant may require at all time the extraction of the trasside, with

indication of the pieces that, in addition to the sentence, it should cover.

2-Not wanting, or not, to obtain the provisional execution of the sentence,

may the appellant, which is not already guaranteed by judicial mortgage, apply for,

within 10 days numbered of the notification of the dispatch admitting to

appellation or that, in the case of paragraph 4 of the previous article, recuse it from the effect

suspensive, let the appellant pay collateral.

27

Article 696.

[...]

If there are difficulties in the setting of the collateral to which the articles are referred

previous, it calculates its value upon assessment made by a single

expert appointed by the judge.

Article 700.

Role of the reporter

1-The judge to whom the process is distributed is being the rapporteur,

incumbent upon him to defer to all the terms of the appeal until final,

specifically:

a) Correct the effect attributed to the resource and the respective ascent mode,

or invite the parties to perfect the findings of the respective

allegations, in accordance with Article 685 (3);

b) Verify that some circumstance stubbors the knowledge of the resource;

c) To judge summarily the subject matter of the appeal, in the terms provided for in the

article 705;

d) Order the realization of the representations it deems necessary;

e) Authorize or refuse the joining of documents and opinions;

f) Judging the incidents raised;

g) Declare the hold of the instance;

h) Judging extinct the instance because of diversion from the trial or judging

finely the appeal, by the non-knowledge of its object.

2-In the decision of the subject matter of the appeal and the questions to be appreciated in

conference intervenes, by the order of seniority in the court, the judges

following to the rapporteur.

3-[...].

4-A the claim deducted is decided in the judgment judging the appeal, save

when the nature of the issues aroused impinges immediate decision, being,

in this case, applicable to the provisions of Article 707 (2 a) to 4.

5-From the judgment of the conference may the party which is deemed to be prejudiced

have recourse in the general terms provided for in Article 721 (4).

28

Article 702.

Error in resource ascent mode

1-If the feature has risen separately, when it should go up in the

own autos, please request these to the court resorted

2-Deciding the rapporteur, conversely, that the resource that rose on the own

autos should have risen separately, the court notifies the parties to

indicate the parts required for the instruction of the resource, which are autured

with the application for the interposition of the appeal and with the allegations,

downloading, then the main autos at the 1 th instance.

Article 703.

[...]

1-If the reporter understands that the effect of the resource should be changed, it will hear,

before deciding, the parties, within five days.

2-If the matter has been raised by some of the parties in its claim,

the rapporteur only listens to the opposing party who has not had the opportunity to

respond.

3-[...].

4-[...].

Article 707.

[...]

1-Decide the issues that should be enjoyed before the trial of the

object of the appeal, if the case provided for in Article 705, the case is not found

rapporteur draws up the draft judgment within 30 days.

2-In the session prior to the trial of the appeal, the process, accompanied

with the draft judgment, goes with a simultaneous view, by means

electronic, the two judge-adjoining, by the five-day time frame, or, when

this is not possible, the rapporteur orders the extraction of copies of the project from

judgment and of the relevant procedural parts for the assessment of the object of the

appeal.

3-If the volume of the relevant procedural parts makes it excessively

29

morose the extraction of copies, the process goes with a view to the two

judge-adjoining, by the time limit of five days each.

4-When the nature of the issues to be decided or the need for speed

in the judgment of the resource advises him, may the rapporteur, with the concordance

of the adjoining, dismissing the visas.

Article 709.

[...]

1-The process is entered in the table as soon as the deadline has elapsed

for the rapporteur to draw up the draft judgment.

2-[ previous n. 3 ].

3-[ previous n. 5 ].

Article 712.

[...]

1-[...].

a) If the process will constarred all the evidence that served

on the basis of the decision on the points of matter of fact in question or if,

having occurred recording the testimonials provided, has been

impugned, pursuant to Art. 685-B, the decision on the basis of them

prowound;

b) [...];

c) [...].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

Article 713.

[...]

1-[...].

30

2-[...].

3-[...].

4-[...].

5-When the Relation understands that the question to be decided is simple can the

judgment shall be limited to the operative part, preceded by the summary statement of the

judged, or, when the matter has already been jurisdictionally appreciated, the

refer to precedent judgment, of which it is together copy.

6-[...].

7-The judge who lavages the judgment shall summarize it.

Article 715.

[...]

1-Although the court of appeal declarates the decision handed down in the 1ª

instance, will not cease to know of the object of the appellation.

2-[...].

3-[...].

Article 716.

[...]

1-[...].

2-A rectification, aclaration or reform of the judgment as well as the argumentation

of nullity, are decided at conference.

Article 720.

[...]

1-[...].

2-The provisions of the preceding paragraph shall also apply to cases in which the

part seek to obstinate the traffic on trial of the decision, through the arousal

of incidents, to it later, manifestly unfounded.

3-A conference decision that qualifies as manifestly unfounded

the incident aroused determines the immediate extraction of the trasside,

pursuing the autos on their terms in the court resorted to.

31

4-In the case provided for in the preceding paragraph, only the decision is handed down in the

rear ends after, counted the expense the final, the applicant has paid them, well

like all fines and compensation that hajam has been set by the court.

5-A impugned decision through manifestly unfounded incident

considers itself, for all purposes, carried forward on trial, under condition

resolute de, in the case of possible provement, as a result of the decision

on the back, if nullifying the processed.

Article 721.

[...]

1-It is up to the magazine appeal to the Supreme Court of Justice of the judgment

of the Relation delivered on the appellate appeal provided for in paragraph 1 and in the

point ( h ) of Article 691 (2).

2-The judgments delivered in the course of the pending proceedings in the Relation

can only be challenged in the magazine feature that comes to be brought in

in the terms of the preceding paragraph, with the exception:

a) Of the judgments given on relative incompetence of the Relation;

b) Of the judgments whose challenge with the magazine appeal would be

absolutely useless.

3-It is not admitted to the journal of the judgment of the Relation that it is in agreement with

uniformed jurisprudence of the Supreme Court of Justice, in the field of

same legislation and on the same fundamental issue of law or that

confirm, without vote of won and yet by different grounds, the

decision handed down in the 1 th instance, save when it is at cause a

question whose appreciation, by its legal relevance or by versing on

immaterial interests of particular social relevance, is clearly necessary

for a better application of the right.

4-It is always permissible to appeal magazine of the judgment of the Relation that is

in contradiction with another one already transitioned on trial, delivered by the Supreme

Court of Justice or by any Relation, in the field of the same

legislation and on the same fundamental issue of law, save when

has been fixed by the Supreme jurisprudence with it as per.

5-In cases provided for in paragraphs 3 and 4, the appellant shall, under penalty of

defection of the resource, indicate:

32

a) The reasons why the appreciation of the issue is clearly necessary

for a better application of the right;

b) The aspects of identity that determine the alleged contradiction,

joining copy of the judgment in law with which the judgment

resorted to finds itself in opposition.

Article 722.

[...]

1-A magazine may have on the grounds of:

a) The violation of substantive law, which can consist of both the error of

interpretation or application, as in the error of determination of the standard

applicable;

b) The violation or wrong application of the law of procedure;

c) The nullities provided for in Articles 668 and 716.

2-For the purposes of the provisions of the paragraph a ) of the previous number, consider-

whether as a substantive law the norms and principles of international law

general or common and the generic provisions of a substantive nature,

emanating from the organs of sovereignty, national or foreign, or constants

of international conventions or treaties.

3-[ previous n. 2 ].

Article 723.

[...]

1-[ previous body of the article ].

2-If the appeal is admitted to the suspensive effect, it may require the defendant to require the

provision of surety, in this case the provisions of paragraph 2 of the article

693. º; if the effect is merely devolutive, it may require the defendant to require that

if extraia trasside, which it comprises solely the judgment, save if the

resorted make, at your expense, insert other pieces.

33

Article 724.

[...]

1-[...].

2-In cases provided for in points a) and b) of Article 721 (2) and in the

urgent proceedings, the term of appeal interposition is 15 days.

Article 725.

[...]

1-When the value of the cause is higher than the remit of the judicial courts of

2. nd instance, the value of succumbing is greater than half of the wavewalk of these

courts and the parties, in their allegations, only suss out questions of

right, may any of them, require in the conclusions that the appeal

interpost of the decision handed down in 1 th instance that put an end to the

process subdue directly to the Supreme Court of Justice.

2-[...].

3-[...].

4-If, referred to the case to the Supreme Court of Justice, the rapporteur

understand that the issues raised surpass the scope of the magazine,

determines that the process lowered the Relation, in order to the appeal there to be

prosecuted, in the general terms, being the decision of the rapporteur, in this case,

definitive.

5-[...].

6-In the case of deferris of the application provided for in paragraph 1, the appeal is

processed as a magazine, save with respect to the effects, to which they apply

the precepts regarding the appellation.

Article 727.

[...]

With the allegations can be joined by super-selling documents, without

prejudice to the provisions of Article 722 (3) and Article 729 (2).

34

Article 728.

[...]

1-[...].

2-If there is not the conformity of votes required for the salary, the

process goes with a view to the two immediate judges, the n .os being applicable

2 and

3 of Article 707.

Article 729.

[...]

1-[...].

2-A The decision handed down by the court resorted to matter of fact not

may be amended, save the exceptional case provided for in Article 722 (3).

3-[...].

Article 732-The

[...]

1-The President of the Supreme Court of Justice determines, up to the proliation

of the judgment, that the judgment of the appeal shall be made with intervention of the full

of the cable sections, when this proves necessary or convenient for

ensure the uniformity of jurisprudence.

2-The extended trial, provided for in the preceding paragraph, may be required

by either party and should be proposed by the Public Prosecutor's Office, by the

rapporteur, by any of the adjoining, or by the chairpersons of the cable sections.

3-The rapporteur, or any of the adjoining, shall compulsorily propose the

widened trial of the magazine when they check the possibility of

salary of legal remedy that is in opposition with jurisprudence

standardized or consolidated, in the field of the same legislation and on the

same fundamental question of law.

35

Article 732-B

[...]

1-[...].

2-If the decision to be made involves changing jurisprudence

previously uniformed, the Rapporteur listens in advance to the parties if these

have not had an opportunity to comment on the trial

extended, the provisions of Article 727 being applicable, being applicable.

3-After the hearing of the parties, the process goes with a simultaneous view to each

one of the judges who should intervene in the trial, applying the willing

in Article 707 (2) and (3).

4-[ previous n. 3 ].

5-The judgment delivered by the sections gathered on the subject matter of the magazine is

published in the 1 th series of the Journal of the Republic .

Article 771.

[...]

The decision transitioned on trial may only be subject to review when:

a) One other sentence carried forward on trial has given as proved

crime committed by judge and related to the exercise of its function in the

process;

b) If you check the falsity of document or court act, of testimony

or of the statements of experts, which may in any case have

determined the decision to be reviewed and such matter has not been the subject of

discussion in the process in which the decision was made to be reviewed;

c) If it presents document that the party had no knowledge, or of

that it had not been able to make use of, in the process in which it was handed down to

decision to be reviewed and that, by itself, is sufficient to modify the decision

in a sense more favourable to the beaten part;

d) If you check the nullity or the nullability of the confession, give up or

transaction in which the decision was founded;

e) Having railed the action and execution in absentia, for absolute lack of

speech of the respondent, if it shows that it has lacked your quotation or that it is void to

citation made;

36

f) Be irreconcilable with a definitive decision of an instance

international binding resource of the Portuguese State;

g) The dispute settled on a simulated act of the parties and the court does not

has made use of the power that gives it Article 665, for if it does not

aware of the fraud.

Article 772.

[...]

1-The appeal is interposed in the court that delivered the decision to be reviewed.

2-The appeal cannot be interposed if more than five have elapsed

years on the transit on trial of the decision and the deadline for the interposition is

of 60 days, counted:

a) In the case of point a) of Article 771, of the transit on trial of the

sentence in which the review is founded;

b) In the case of point f ) of Article 771, of the moment in which the decision in

that merges the review has become final;

c) In the case of point g) of Article 771, of the time when the appellant

has had knowledge of the sentence;

d) In the other cases, of the time when the appellant obtained the

document or has been aware of the fact that it serves as a basis for the review.

3-In cases provided for in the second part of Article 680 (3), the time limit

provided for in paragraph 2 non-finda before a year has elapsed on the acquisition of the

ability on the part of the unable or on the change of their representative

legal.

4-[ previous n. 3 ].

5-[ previous n. 4 ].

Article 773.

[...]

In the application for interposition, which is autuised by apenso to the proceedings,

owes the appellant:

a) Specify the grounds of appeal and, in the cases provided for in points

b) , d) and e) of Article 771, seek to demonstrate that the

37

grounds relied on;

b) In the cases of the items a) , c) , f) , of Article 771, join, depending on the

cases, certificate of the sentence, of the decision, or the document in which if

merges the application;

c) In the case of point g) of Article 771 piece together certif of the sentence and

demonstrate that this resulted from procedural simulation of the resorts and

involved injury to the appellant.

Article 774.

Admission of the resource

1-Without prejudice to the provisions of Article 685 (1)-C, the court to which it is

directed the application to indefere it when it does not come instructed in the terms of the

previous article and also when you recognize as soon as there is no motive for

review.

2-If the appeal is admitted, they shall notify the defendant personally for,

reply within 20 days.

3-The receipt of the appeal does not suspend the execution of the contested decision.

4-[ revoked ].

Article 775.

[...]

1-Saved in the cases of the points b) , d) and g) of Article 771, the court, soon

next to the response of the defendant or to the expiry of the respective period,

will know of the foundation of the review, preceding the representations that are

considered indispensable.

2-In cases of the points b) , d) and g) of Article 771, follows, after the

response of the resorts or the term of the respective term, the terms of the

summary process.

3-If the appeal has been directed to some higher court, it may this

request the representations, which show themselves necessary and cannot take place

in those courts, to the court of 1 th instance of where the process went up.

38

Article 776.

[...]

If the grounds of the review are dismissed, the decision is revoked

cut, noting the following:

a) [...];

b) In the cases of the items a) , c ) and f ) of Article 771, re-desecard new

decision, proceeding to the absolutely indispensable representations and

giving each of the parties the 20-day deadline to claim by

written;

c) [...];

d) In the case of point g ) of Article 771, annulates the contested decision.

Article 800.

[...]

Of the sentence there is no appeal, other than in the cases covered by the sentence a) from the

Article 678 (2) in which it is up to appeal.

Article 953.

[...]

1-[...].

2-From the decision that decrees the provisional providence rests with appeal, in the

terms to Article 691 (2).

Article 1086.

[...]

1-[...].

2-Being the cause of the jurisdiction of the comarch court, the decision is

prowound within 15 days. When it is the competence of the Relation or the

Supreme, the autos go with a view to the judges of the respective section, for five

days, being applicable for paragraphs 2 and 3 of Article 707, and then the section

resolves.

39

3-[...].

Article 1087.

Feature

From the decision of the judge of law or the Relation he admits or does not admit to

action is up to appeal.

Article 1089.

[...]

1-In the Relation or in the Supreme the process, when prepared for the

final judgment, goes with a view for five days to the judges who make up the

court, being applicable the n. the

2 and 3 of Article 707, and then do so

the discussion and judgment of the cause in full court session.

2-[...].

Article 1099.

[...]

1-[...].

2-The judgment is made under the rules of the appellate.

Article 1373.

[...]

1-[...].

2-[...].

3-The determinative dispatch of the form of the sharing can only be challenged

in the interposed appeal of the sentence of sharing.

Article 1382.

[...]

1-[...].

40

2-From the homologation sentence of the sharing is appealing appeal.

Article 1396.

[...]

1-It is the appeal of appeal of the homologatory sentence of the sharing in the

processes referred to in the previous articles.

2-Saved in the cases provided for in Article 691, paragraph 2, the decisions

interlocuals rendered in the framework of the same processes must be

impugned in the appeal that comes to be interposed from the sentence of sharing. "

Article 2.

Additions to the Code of Civil Procedure

They are deferred to the Code of Civil Procedure the articles 119.-A, 275.-A, 684.-B, 685.

685.-B, 685.-C, 685.-D, 691.-A, 691.-B, 691.-C, 697.-A, 697.-B, 722.

727.-, 763 to 770, 922.-A, 922.-B and 922.-C to the Code of Civil Procedure, with the

following wording:

" Article 119.

Decision

1-If the president of the court understands that there is no conflict, indefere

immediately the request.

2-In the contrary case, the president of the court shall summarily decide the

conflict.

3-A The decision is immediately communicated to the courts in conflict and to the

Prosecutor's Office and notified to the parties.

Article 275-The

Apensation of processes in a resource phase

1-It shall apply to the proceedings at the stage of appeal the provisions of paragraphs 1 and 4 of the

previous article, with the specialties provided for in the following numbers.

2-There can only be place the apensation of processes that are

41

pending in the same court.

3-The processes are attached to what has been interposed in the first

place.

4-A apensation can be officiously ordered by the President of the

Relation.

Article 684-B

Resource interposition mode

1-Resources interlapse by means of an application addressed to the court

which delivered the contested decision and in which to indicate the species, the effect and the

manner of ascent of the interposed resource and, in the cases provided for in points a) and

c) of paragraph 2 and Article 678 (4) and in the appeal for uniformity of

jurisprudence, the respective grounds.

2-The application referred to in the preceding paragraph shall contain or add to

allegation of the applicant.

3-Dealing with dispatches or oral sentences, reproduced in the process,

the application for the interposition may be immediately dictated to the minutes,

may the claim be submitted within 30 or 15 days, depending on the

case, from the moment of the interposition.

Article 685-The

Burden of alleging and formulating conclusions

1-The appellant must submit his claim, in which he concludes, in a manner

synthetic, for the indication of the fundamentals why it calls for the amendment or

cancellation of the decision.

2-Versing the appeal on law matters, the findings must

indicate:

a) The violated legal standards;

b) The sense with which, in the view of the appellant, the standards that

constitute legal ground of the decision should have been

interpreted and applied;

c) Invoking error in the determination of the applicable standard, the standard

legal that, in the appellant's understanding, should have been applied.

42

3-When conclusions, whether deficient, obscure, complex or in them

if you have not proceeded to the specifications to which you rent the previous number, the

rapporteur should invite the appellant to complete them, clarify them or synthesize-

las, within 5 days, under penalty of not getting to know the appeal, in the part

affected.

4-A contrarian part is notified of the presentation of the addition or

clarification by the appellant, and may respond to it within five

days.

5-The provisions of paragraphs 1 a to 3 of this article shall not apply to resources

interposed by the Public Prosecutor's Office, when it draws by imposition of the law.

Article 685-B

Onset of the appellant that impugn the de facto decision

1-When to impugn the decision handed down on the matter of fact, it shall

appellant compulsorily specify, under penalty of rejection:

a ) What concrete points of fact it considers incorrectly

judging;

b ) Which concrete means, constants of the process or of

record or record in it carried out, which impuncate decision on the

points of the subject matter de facto contested diversion from the defendant.

2-In the case provided for in paragraph b ) from the previous number, when the means

probats invoked as the ground of error in the assessment of the evidence

have been recorded and accurate and separate identification of the

statements, pursuant to the provisions of Article 522 (2), shall be incumbent upon the

recurring, under penalty of immediate rejection of the appeal with respect to the

challenge the matter of fact, indicate with correctness the passages of the

recording in which it is founded, without prejudice to the possibility of, by its

initiative, proceed to the respective transcript.

3-In the hypothesis provided for in the preceding paragraph, it is incumbent on the opposing party, without

injury to the official investigative powers of the court, proceed, in the

counterclaim that presents, to the indication of the engraved affidavits that

infirming the findings of the appellant, and may, by its initiative, proceed

to the respective transcript.

4-When the recording of the hearing is carried out through medium that

43

allow precise and separate identification of the affidavits, the parties may

do not proceed to the transcripts provided for in the preceding paragraphs.

5-The provisions of paragraphs 1 and 2 shall apply to the case of the defendant's claim

extend the scope of the appeal, pursuant to Article 684 (2).

Article 685-C

Dispatch on the application

1-Finds the deadlines given to the parties to claim, the judge issues

dispatch on the application for interposition of the resource, ordering the

respective climb, except in the case provided for in paragraph 3.

2-The application is undue when:

a) If you understand that the decision does not admit appeal, that this has been interposed

out of time, or that the applicant does not have the necessary conditions

to appeal;

b) Do not contain or bring together the appellant's claim or when this does not

have conclusions.

3-In the order in which he admits to the appeal, the judge shall request the Council

District of the Order of Lawyers the appointment of counsel to the absentees,

unable and unsure, if these cannot be represented by the Ministry

Public counting, in this case, the applicant's response deadline to be departing

of the notification to the appointed representative of his or her designation.

4-Fishing the period referred to in the preceding paragraph, shall the judge issue new

dispatch to order the ascent of the appeal.

5-A decision that admits the appeal, set its kind, and determine the effect

which competes with you does not bind the higher court and the parties may not

challenge.

Article 685-D

Omission of the payment of the fees for justice

1-If the document proving the payment of the initial justice fee

or subsequent or the granting of the benefit of the judicial support shall not have

been joined by the process at the time defined for that purpose, the secretion

notifies the person concerned to, in 10 days, carry out the omitted payment,

44

increased fine of equal amount, but not less than 1 UC or higher

at 10 UC.

2-If, on the expiry of the 10-day period referred to in the preceding paragraph, it does not

been joined by the process the missing document, the court determines the

disentangement of the claim, the application or the reply submitted

by the missing part.

3-If the party is found to be awaiting decision on the granting of the support

judicial in the modality of full or partial dispensation of the prior payment

of the rate of justice, must, alternatively, add the supporting document

of the presentation of the respective application.

Article 691-The

Way of ascent

1-Sobem in the autos themselves the interposed appeals of the decisions that

put an end to the process or suspending the instance.

2-Separates in separate the ununderstood appeals in the number

previous.

3-Form a single process the appeals that go up jointly, in

separate from the main autos.

Article 691-B

Ascent of appeal in the cautionary procedures

The intersted appeals of decisions rendered in the procedures

cautionary notes the following:

a) The interposed appeal of the decision that indefencates liminally the

their respective application or that it does not order providence rises in the

own autos of the cautionary procedure;

b) The appeal of the decision that orders providence or that determines the

respective survey goes up separately.

45

Article 691-C

Ascent of appeal in the incidents

The interposed appeal of the decision that does not admit the incident goes up in the

own autos of the incident or separately, depending on the incident is

processed by apenso or along with the root cause.

Article 697-The

Instruction of the resource with a separate climb

1-In cases where the appeal goes up separately, the parties indicate, after

the findings of the respective claims, the parts of the process of which

intend to certid to instruct the resource.

2-In the case provided for in the preceding paragraph, the Registry facilitates the proceedings to the

parties during the time limits provided for in Article 700.

Article 697-B

Joining of documents

1-Parties may only attach documents to the allegations in the situations

exceptional as referred to in Article 524 or in the case of the joining if

made necessary by virtue of the judgment delivered in the 1ª instance, save

in the cases provided for in Article 691 (2), where the parties may join

all documents that are lawful to offer them.

2-The super-venient documents and the opinions of lawyers, professors

or technicians may be together until the beginning of the period referred to in paragraph 1 of the

article 707.

3-It shall apply to the joining of documents and opinions, with the necessary

adaptations, the provisions of Articles 542 and 543, complying with the rapporteur

authorize or refuse the junction.

Article 722-The

Way of ascent

1-Sobem in the autos themselves the interposed journals of the foreseen decisions

46

in Article 721 (1).

2-Separated in separate the non-understood magazines in the preceding paragraph.

3-Form a single process the journals that go jointly, in

separate from the main autos.

Article 727-The

Oral allegations

1-Can the rapporteur, officiously or the reasoned application of

any of the parties, determine the holding of hearing for discussion of the

object of the appeal.

2-On the day scheduled for the hearing hear the parties that have

attended, not taking place on postponements.

3-The president declares open the hearing and makes a summary exhibition

on the object of the appeal enunciating the issues the court understands

should be discussed.

4-The president gives the floor to the appellant of the appellant and the defendant

to rule on the issues referred to in the preceding paragraph.

Article 763.

Foundation of the appeal

1-The parties may appeal to the full of the cable sections of the

Supreme Court of Justice when the Supreme Court utpers judgment that it is

in contradiction with another one previously delivered by the same court, in the

domain of the same legislation and on the same fundamental issue of

right.

2-As the foundation of the appeal may only be invoked before judgment with

traffic on trial, presuming traffic.

3-The appeal is not admitted if the orientation perched in the judgment resorted to

is in accordance with the uniformed jurisprudence of the Supreme Court

of Justice.

47

Article 764.

Deadline for the interposition

1-The appeal for uniformity of jurisprudence is interposed within the

30 days, counted from the traffic on trial of the judgment under appeal.

2-The defendant has the identical time limit to respond to the allegation of the

recurring from the date on which it was by this notified of the respective

presentation.

Article 765.

Statement of the application

1-The application for interposition, which is autured by apenso to the proceedings,

should contain the appellant's claim, in which the aspects of

identity that determines the alleged contradiction and the infringement imputed to the

judgment under appeal.

2-With the requirement set out in the preceding paragraph, the appellant joins

copy of the judgment previously delivered by the Supreme, with which the

judgment under appeal finds itself in opposition.

Article 766.

Appeal by the Public Prosecutor's Office

The jurisprudence feature of jurisprudence should be brought by the

Prosecutor's Office, even when it is not a party to the cause, but in this case,

has no influence on the decision of this one, targeting solely the

provoke judgment of uniformity on the conflict of jurisprudence.

Article 767.

Liminal appreciation

1-Received the counter-claims or expired the deadline for your

presentation, is the conclusive process to the rapporteur for preliminary examination,

and the appeal shall be rejected, in addition to the cases provided for in paragraph 2 of the

article 685-C, whenever the appellant has not met the burden

48

set out in Article 765, there is no opposition that suits you from

foundation or occur the situation provided for in Article 763 (3).

2-From the decision of the rapporteur can the appellant complain to the conference.

3-Fishing the period of response of the defendant, the conference shall decide from the

verification of the assumptions of the appeal, including the contradiction invoked

as its foundation.

4-The judgment of the conference provided for in the preceding paragraph shall be irrecurrable, without

damage to the full of the cable sections, when judging the appeal, to be able to decide in

Otherwise.

Article 768.

Effect of the resource

The resource for uniformity of jurisprudence has an effect merely

bounty.

Article 769.

Provision of collateral

If it is pending or is promoted the execution of the sentence, it cannot the

enforceable or any creditor to be paid in cash or in any goods

without providing collateral.

Article 770.

Judgment and terms to be followed when the appeal is proceeded

1-The judgment of the appeal shall apply to the provisions of Article 732-B, with

the necessary adaptations.

2-Without prejudice to the provisions of Article 766, the decision to verify the

existence of the jurisprudential contradiction repeals the judgment resorted to and

replaced it with another one in which the contested issue is decided.

3-A decision to provide the appeal does not affect any sentence

previous to the one that has been impugned nor the legal situations to its

shelter constituted.

49

Article 922-The

Regulatory provisions of resources

To appeals and rulings of decisions rendered in the process

executive are applicable to the regulatory provisions of the process of

statement, save what will be prescribed in the following articles.

Article 922-B

Appeal

1-It is up to appeal for decisions that put an end to the following

incidents:

a) Settlement not dependent on simple arithmetical calculation;

b) Verification and graduation of credits;

c) Opposition to the implementation;

d) Opposition to the penhora.

2-In the case provided for in paragraph d) of the previous number the interposition term

is reduced to 15 days.

3-Interlocutory decisions rendered in the scope of the incidents referred to

in paragraph 1 shall be challenged in the appeal which comes to the interpost of the

final decision.

4-The remaining interlocutory decisions shall be challenged in a single

facility to be interacted within 15 days of the notification provided for in the n.

2 of Article 919.

Article 922-C

Magazine

It is up to the magazine appeal of the decisions referred to in points a) , b) and c) of paragraph 1

of the previous article. "

Article 3.

Amendment to the organization of the Code of Civil Procedure

The following changes in the systematic organization of the Code of Procedure are made

50

Civil:

a) Subsection II of Section II of Chapter VI of Subtitle I of Title II is eliminated

of Book III;

b) Section IV of Chapter VI of Subtitle I of Title II of Book III and Chapter VI is eliminated

respective subsections;

c) A new Section V is created in Chapter VI of Subtitle I of Title II of the Book

III, called "Resource for uniformization of jurisprudence", which begins

with Article 763 and ends with Article 770, being the subsequent sections

renumbered in compliance;

d) Section VI of Chapter VI of Subtitle I of Title II of Book III is removed.

Article 4.

Amendment to Law No. 3/99 of January 13

Articles 24, 43, 55 and 59 of Law No. 3/99 of January 13 (Law of Organization and

Functioning of the Judicial Courts), with the wording given by the Declaration of

Rectification No 7/99 of February 4, amended by Law No 101/99 of July 26,

by the Decrees-Leis n. the

323/2001, of December 17, and 38/2003, of March 8, by

Law No 105/2003 of December 10 by the Decree-Law No. 53/2004 of March 18,

by Law No. 42/2005 of August 29 and by the Decree-Law No. 76-A/2006 of 29 of

March, it shall be replaced by the following:

" Article 24.

[...]

1-In civil matters, the remit of the courts of Relation is € 30000 and the

of the courts of 1. th instance is € 5000.

2-[...].

3-[...].

Article 43.

[...]

1-[...].

2-[...].

51

3-Compete still to the President of the Supreme Court of Justice to know

of the conflicts of competence that occur between:

a) The plenos of the sections;

b) The sections;

c) The courts of Relation;

d) The courts of the Relation and the courts of 1 th instance;

e) The courts of 1 th instance of different judicial districts or

sedeed in the area of different Courts of Relation.

4-The President of the Supreme Court of Justice may delegate the

competence referred to in the previous number in the vice-chairs.

Article 55.

[...]

It is incumbent on the courts of the Relation, functioning in plenary, to exercise the

competencies conferred by law.

Article 59.

[...]

1-[...].

2-The chairman of the court of Relation is competent to know from the

conflicts of competence between courts of 1. seated instance in the area of the

respective court, and may delegate this competence to the Vice-President.

3-[ previous n. 2 ].

4-[ previous n. 3 ]. "

Article 5.

Amendment to Decree-Law No 269/98 of September 1

Article 1 of the Decree-Law No. 269/98 of September 1 with the wording given by the

Declaration of Rectification n. 16-A/98 of September 30 and amended by the Decrees-

Laws n. the

383/99, of September 23, 183/2000, of August 10, 323/2001, of 17 of

December, 32/2003, of February 17, 38/2003, of March 8, 324/2003, of 27 of

December, with the wording given by the Declaration of Rectification No. 26/2004, of 24 of

52

February, and 107/2005, of July 1, with the wording given by the Declaration of

Rectification No 63/2005 of August 19 is replaced by the following:

" Article 1.

[...]

The procedure for procedures to require compliance is approved

of emerging pecuniary obligations of contracts of value not exceeding the

€ 15,000, published in annex, which is an integral part of the present

diploma. "

Article 6.

Amendment to Decree-Law No 423/91 of October 30

Article 2 of the Decree-Law No. 423/91 of October 30, as amended by the Laws No. 10/96,

of March 23 and 136/99, of August 28, by the Decree-Law No. 62/2004, 22 of

March, and by Law No. 31/2006 of July 21, it shall be replaced by the following:

" Article 2.

[...]

1-A compensation on the part of the State is restricted to the damage

resulting from injury and is fixed in terms of equity, having as limits

maximum, for each slug, the amount of € 30,000.00 for cases of

death or serious bodily injury.

2-In the cases of death or injury of several persons as a result of the

same fact, the compensation on the part of the state has as a ceiling

the amount of € 30,000.00 for each of them, with the maximum total of the

€ 90,000.00.

3-If the indemnity is fixed in the form of annual income, the limit

maximum is € 3,750.00 for each lessee, and may not overtake the

amount of € 11,250.00 when they are various the lessees by virtue of the

same fact.

4-[...].

5-In cases referred to in Article 1 (3), there is also a place to a

53

compensation for damage of things of considerable value, having as a limit

maximum the amount of € 15,000.00.

6-[...].

7-[...] "

Article 7.

Transitional arrangement

The provisions of this diploma do not apply to the pending proceedings at the date of

its entry into force.

Article 8.

Repeal

Article 111 (5), 120, 686, 687, 690, 690, 690, 690, 690, 690

690.-A, 690.-B, 695, 699, 701, 710, 733, 733, 778, 778 to 782, 778 to 782.

922. and 923 of the Code of Civil Procedure and the ( b) of Article 33, paragraph 2 of the article

35, the point e) of Article 36, and the ( d) and Article 56 (2) of Law No 3/99 of 13

of January.

Article 9.

Start of term

The present diploma shall come into force on the day ------------- of ---------------.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of Justice