Key Benefits:
1
PROPOSED LAW NO. 125 /X
Exhibition of Motives
The current system of procedural expense, in place since 1996, is based on about
two hundred normative provisions, mostly integrated into the Code of Costs
Judicial. In addition to the Code of Judicial Costs, the matter is still regulated in the
Code of Civil Procedure, in the Code of Criminal Procedure, in the Code of Procedure and
of Tributary Process. Incidentally, in the Code of Judicial Costs itself, the same
matters relating to the rate of justice, charges and payment of the account are repeatedly
regulated, in an essentially identical manner, by the purpose of the civil procedure, of the process
penal and the administrative and tax process.
There are also special cost schemes with respect to the processes that run
its terms in the Constitutional Court, regulated in the Decree-Law No. 303/98, of 7 of
October and, in respect of procedures for the fulfilment of obligations
Emerging pecuniaries of contracts of value not exceeding the remit of the Relation and the
injunction proceedings, regulated in Decree-Law No. 269/98, of September 1. Can
still find provisions on liability for the payment of costs,
particularly with respect to exemptions, in numerous avulous diplomas.
The reform carried out in 2003 has already had the huge merit of decreasing the index of
existing normative dispersion, but fell short of the desirable by having worked on the
Code of Judicial Costs, initially thought only for the legal proceedings, the
which settled in a heavy structure, impossible to counteract through mere
processes of legislative amendment.
The present reform results from a continuous monitoring and evaluation process
of the implementation of the system inserted by the 2003 review, having been taken in
consideration of the studies carried out by the Office of Legislative Policy and Planning,
which gave rise to an Assessment Report, from November 2005, and the
Final Report of Inspection of the Judicial Cost System, presented by the
Inspectorate-General of the Services of Justice in August 2006.
Departing from the alert, carried out by the said studies, for some concrete problems
in the application of the Code of Judicial Costs and for some dysfunctional aspects of the
2
respective scheme, left for a wider reform, subordinate to the objective
central to simplification that falls within the Government's plan to combat complexity
of the processes and reduction of the volume of the documents and the rigidity of the practices
administrative, whose lines of guidance were, fundamentally, the following:
a) More fair and appropriate allocation of the costs of Justice;
b) Moralization and rationalization of recourse to the courts, with the treatment
differential from bulk litigants;
c) Adoption of clearer and objective taxation criteria;
d) Reassessment of the cost-free system;
e) Simplification of the legal structure of the system of procedural expense and unification
of the respective regulations;
f) Reduction of the number of runs per expense.
Within the framework of the objectives of uniformisation and simplification of the cost system
procedural, the present reform has as its main objective the unification of all the
quantitative and procedure rules on the expense due in any process,
regardless of the judicial, administrative, tax or constitutional nature, in one only
diploma-the new Regulation of Procedural Costs-keeping some rules
fundamental, of a substantive character, in the laws of procedure.
Thus, the central standards regarding liability for payment of costs can
find themselves in the Code of Civil Procedure, in the Code of Criminal Procedure, which will be
applicable, the subsidiary title, the administrative and tax proceedings and the processes
counterordinates, respectively. In contrast, for all these processes, the
judicial operators will be able to find simple and uniform rules in the Regulation of
Procedural Costs, with respect to the quantification of the rate of justice, to the mode of
payment of the costs or the elaboration of the correspective account.
To avoid the duplication of the practice of acts by private individuals and the administration,
it is also proposed to remove the system of payment of the justice fee in two
phases-initial and subsequent justice rate-going forward to predict the single payment
of a rate of justice by each procedural player, at the beginning of the proceedings. From this
mode, and because the continuation of the action, incident or resource are dependent on the
advance payment of the single justice fee, they also avoid the numerous cases of
non-compliance that have given rise to the multiplication of small runs by cost
initiated by the Public Prosecutor's Office.
3
Still in a simplification perspective, it is proposed to set up the rules of fixing the
taxable base for those cases in which there are no criteria, in the procedural law, for the
determination of the value of the cause or for the causes in which it is impossible or difficult to
determination of the same.
In the face of the high levels of litigation occurring in Portugal, the reform aims to
still give continuity to the plan for the moralization and rationalization of the resource to the
courts initiated with the revision of 2003. In this framework, it is proposed to adopt
some more incisive measures that aim to give a differential treatment to " litigation
by mass ".
One of the factors that in a lot contributes to the congestion of the judicial system is
the "colonization" of the courts by a set of users whose activity
represents a source, constant and unbounded, of debt collection processes of
small value. These collection actions and their executions, which represent more
of half of all the procedural pendency, illustrate an excessive resource landscape
to the judicial means without consideration by the means of preventive Justice.
It is thus shown to be appropriate for the setting of a special rate of justice for the people
commercial collective bargaining that have an annual volume of entries, in court, in the year
previous, greater than 200 actions, procedures or executions.
Such a solution does not, however, put into question either the principles of equality or the
proportionality, consecrated constitutionally for access to justice, to the extent
where the differential rate corresponds to a very intense use of the judicial system
congestion cost generator in very distinct terms of use
occasional system.
The application of a differentiated rate for the frequent users of the judicial system
finds justification in the need to give a reasonable and proportional treatment to the
cost of congestion. That is, the system must have a balanced access for all
users, as soon as the congestion is most likely to bear an increased cost.
But not all measures are penalizer. The present reform also seeks to
encouraging recourse to alternative means of judicial settlement, establishing
benefits and reductions with respect to the payment of procedural costs.
This reform, more than perfecting the prevailing system, aims to institute a whole
new system of design and operation of the procedural costs. In this framework,
it is proposed to remove the current distinction between process expense and expense of
procedural intervener, the usefulness of which is indecipherable, passing to there only one
4
concept of the rate of justice. The rate of justice becomes, then, the value that each
intervener must provide, by each process, as the counterpart for the provision of a
service that is in charge of the Courts.
Generally, it also seeks to match the value of the rate of justice to the type of
process in question and the costs that, in concrete, entail for the judicial system,
in a philosophy of distributive Justice to which it should not be immune from the system of expense
procedural, as a model of funding the courts and the repercussion of the
costs of Justice in the respective users.
With the approval of the Rules of Procedural Costs, the Government will approve
also new tables, whose criteria for setting the value of the rate of justice do not
limit to a mere correspondence in the face of the value of the action. It was found that the value
of the action is not a decisive element in the weighting of the complexity of the process and the
generation of costs for the judicial system. For what, seeking an improvement of the
correspondence of the rate of justice, it is now established a mixed system that relies on the
value of the action, up to a certain maximum limit, and in the possibility of correction of the rate of
justice when dealing with especially complex processes, regardless of the
economic value attributed to the cause.
In this way, when it deals with special processes, cautionary procedures or other
type of incidents, the value of the justice rate cede is set to be set in function of the value of the
action, going on to appropriate the affective complexity of the respective procedure.
Aiming to continue the goals of the 2003 reform in the sense of achieving a greater
procedural equality between citizens and the state, a significant reduction is proposed
of the possibility of prior dispensation of the payment of the rate of justice.
Finally, a drastic reduction in exemptions has also been carried out through identification.
of the various cases of dispersed standards that ascribe the benefit of the exemption of costs to,
upon a rigorous assessment of the need for maintenance of the same, pass the
regulate in a unified manner all cases of exemptions.
Matters relating to the procedural costs can be framed, generically, in the
point ( b) of Article 165 (1) of the Constitution, although the legislative tradition points to
use of mere decree-law for the respective regulation. However, the
establishment of rates and procedural sanctions for the default of the same-
refusal to petition or challenge in the secretarial-implies creation of condiments
for the exercise of the right of access to the courts, provided for in Article 20 of the
5
Constitution. It seems, therefore, more appropriate that the Government submits the proposal of
amendment to the system of the procedural costs to the Assembly of the Republic.
Being required a proposed law, it has chosen to propose a proposed law of
authorization, taking into consideration the regulatory nature and technical specificity
of the Rules of Procedural Costs.
The Higher Council of the Magistrature was heard, the Higher Council of the
Prosecutor's Office, the Higher Council of Administrative and Fiscal Tribunals and the
Order of Lawyers.
The Association of Justice Officers and the Council of Officers were also heard
of Justice and the General Union of Workers.
The necessary representations were promoted to the hearing of the House of Solicitors, da
Trade union Association of the Portuguese Judges, of the Syndicate of the Magistrates of the
Prosecutor's Office, of the Union of Justice Officials, of the Officers ' Union
of Justice and the General Confederation of Portuguese Workers-Interunion
National.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Subject
1-It is the Government authorized to approve the Rules of Procedural Costs,
proceeding, for such, to the revocation of the Code of Judicial Costs, approved by the
Decree-Law No 224-A/96 of November 26, as amended by Decree-Law No. 91/97,
of April 22, by Law No. 59/98 of August 25, by the Decrees-Laws No. 304/99,
of August 6, para. 320-B/2000, of December 15, para. 323/2001, 17
December, paragraph 38/2003, of March 8 and paragraph 324/2003, of December 27 and by the
Laws No. 45/2004 of August 19, para. 60-A/2005, of December 30 and para. 53-
A/2006, of December 29.
2-For the purposes set out in the preceding paragraph, is the Government authorized to amend the
following diplomas:
6
a) Code of Civil Procedure, approved by the Decree-Law No. 44,129, 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 Law n. para.
21/78, of May 3, by the Decrees-Leis n. ºs 513-X/79, of December 27,
207/80, of July 1, 457/80, of October 10, 400/82, of September 23,
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. ºs 92/88, 17 of
March, 321-B/90, of October 15, 211/91, of July 14, 132/93, of 23 of
April, 227/94, of September 8, 39/95, of February 15, 329-A/95, of 12 of
December, 180/96, of September 25, 375-A/99, of September 20, and
183/2000, of August 10, by Law No. 30-D/2000 of December 20 by the
Decrees-Laws n. the
272/2001, of October 13, and 323/2001, of 17 of
December, by Law No. 13/2002, of February 19, and by the Decrees-Leis n. the
38/2003, of March 8, 199/2003, of September 10, 324/2003, of 27 of
December, and 53/2004, of March 18, and by the Laws No. 6/2006, of 27 of
February and No 14/2006 of April 26;
b) Code of Criminal Procedure, approved by the Decree-Law No. 78/87, of 17 of
February, amended by Law No. 17/87, of June 1, by the Decrees-Law n. the
387-E/87, of December 29, 212/89, of June 30, 17/91, of January 10,
57/91, of August 13, by Law No. 57/91 of August 13 by the Decrees-
Laws No. 423/91, of October 30, 343/93, of October 1 and 317/95, of 28 of
November, by the Leis n. the
59/98, of August 25, 3/99, of January 13,
7/2000, of May 27 and 30-E/2000, of December 20, by the Decree-Law n.
320-C/2000 of December 15 by Law No. 52/2003 of August 22, by the
Decree-Law No. 324/2003 of December 27, by the Organic Law No. 2/2004, of
May 12 and by the Law n.;
c) Procedure and Tax Process Code, approved by the Decree-Law
n. 433/99 of October 26, as amended by the Laws n. the
3-B/2000, of April 4,
30-G/2000, of December 29, 15/2001, of June 5, 109-B/2001, of 27 of
December and 32-B/2002, of December 30, by the Decrees-Law n. the
38/2003,
of March 8 and 160/2003, of July 19, by the Leis n. the
55-B/2004, from 30 of
7
December and 60-A/2005, of December 30, by the Law No. 76-A/2006, 29 of
March, by the Decree-Law No. 238/2006, of December 20 and by Law No. 53-
A/2006, of December 29;
d) All diplomas whose need for modification decorates the present law of
authorization.
Article 2.
Sense and extent of legislative authorization
1-The meaning and extent of the legislative authorization, with regard to the approval of
a new legal regime of procedural costs, are as follows:
a) To meet in one degree all the procedures for the procedure relating to the
liability for procedural expense, integrating the expense charged into
judicial, administrative and tax proceedings and in the framework of the proceedings that
should take place in the Constitutional Court;
b) Establish a simplified procedural expense system, based on the
one-time payment of a fee for justice and in the payment of charges that
reflect the actual costs of Justice;
c) Predicting criteria for setting the variable justice rate in function, not only
of the value assigned to the process, but also of the effective complexity of the
same;
d) Provide for criteria for setting the rate of justice that take into account the
effects of "mass litigation", establishing higher values for the
societies that present an annual volume of entries in court, in the year
previous, greater than 200 actions, procedures or executions;
e) Establish the cast and regime of procedural expense exemptions, revoking
all cases of expense exemptions provided for in avulous laws and unifying the
Regime of exemptions in the Rules of Procedural Costs;
f) Significantly reduce the benefit of the advance payment waiver,
by keeping it only within the framework of the criminal procedure, the processes that should
taking place in the constitutional court, in the cases provided for by the Access to the
right and to the courts and with respect to the State, in some proceedings that
proceed in the Administrative and Fiscal Courts;
8
g) Establish a system of benefits in the framework of reducing the rate of justice,
in view of the creation of incentives for recourse to alternative mechanisms
of resolution of disputes, for the use of electronic means, for the adoption
of procedural simplification measures, among others, by the conversion of the
values paid by the parties to the title of justice fee in payment of charges;
h) To establish uniform rules with respect to the setting of procedural fines;
i) Approve the tables from where they build the values of the rate of justice.
2-The sense and extent of the legislative authorization, with regard to the amendment of the
Code of Civil Procedure, are as follows:
a) Integrate into the Code of Civil Procedure all standards that are not
merely procedural and relate to liability for payment
of costs;
b) Amend the regime of the execution by procedural expense, extending the possibility
of cumulation of executions, with a view to a greater procedural economy;
c) Amend the standards on the setting of procedural fines with a view to the
uniform criteria established by the Rules of Procedural Costs, nos
terms of the point h) of the previous number;
d) Amend the standards regarding the lack of payment of justice fee in cases in
that the process does not behave the constitution of the judicial representative and the
autoliquidation should be done directly by the party;
e) Changing the rules of fixing the value of the cause to the extent necessary for
further simplification and clarity in the determination of the value of the cause,
bridging some loopholes in the procedural law with regard to the processes in
that is petitioned for periodic installment payments, in the processes of
inventory and division of common thing, in the actions for allocation of the house of
family abode, and in the processes concerning the constitution or transfer of the
right to lease;
f) Amend the rules regarding the accountability of the winning party for the expense
procedural, aggravating such liability when the author, and may propose
special declarative action for fulfillment of pecuniary obligations, or
have recourse to the injunction process or other analogs provided for by law, opt for the
recourse to the declaration process and when the author, owing to appeal
procedures for out-of-court settlement of disputes, opt for recourse to the proceedings
judicial;
9
g) Amend the rules on the liability of the party won, by predicting
possibility to bear the charges of the winning part, among these, part of the
honorarium of the mandators;
h) Reviewing the distribution of liability for the payment of costs, indicating
cases in which it is understood that the same should be redepartures equally
between author and defendant;
i) Institute the possibility of applying for a special sanctionatory rate to the
applications, appeals, complaints, requests for rectification, reform or of
clarification when they are deemed to be manifestly improceeded;
j) Amend the standards the revision of which is revised necessary for the adaptation of the Code
of Civil Procedure to the Rules of Procedural Costs, pursuant to the
provisions of the previous number.
3-The sense and extent of the legislative authorization, with regard to the amendment of the
Code of Criminal Procedure, are as follows:
a) Reduce the scope of liability at the expense of the accused and the assistant,
with a view to the strengthening of the defence rights of the accused and the role of the
assistant, as a guarantor of the pursuit of Justice and scrutinising activity
of the Public Prosecutor's Office, in criminal proceedings;
b) Extend the possibility of application of the special sanctionatory rate to the
criminal procedure;
c) Establish a regime of procedural fines for the extemporaneous practice of
procedural acts, enabling the application of the constant rules, on the
matter, of the Code of Civil Procedure;
d) Amend the standards the review of which is revised necessary for the adaptation of the
Code of Criminal Procedure to the Regulation of Procedural Costs, nos
terms of the provisions of paragraph 1.
4-The sense and extent of the legislative authorization, with regard to the amendment of the
Procedure and Trial Code, are as follows:
a) Establish that the value serviceable, for the purposes of expense or other forecasted in the
law, for tax runs, corresponds to the amount of the exequinum debt
or of the remaining part when there is partial cancellation or, in any case, the of the
product of the liquidated goods, when it is lower;
b) To provide for a general subsidiary rule according to which, when it does not exist
no special provision, the value of the cause is fixed by the judge, having in
10
tells the complexity of the process and the economic condition of the impuriter,
having as the maximum limit the value of the 1 th instance of the courts
judicial;
c) Establish special rules for the fixing of the value of the cause, depending on the
type of process.
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 February 15, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
11
The current system of procedural expense, in place since 1996, is based on about
two hundred normative provisions, mostly integrated into the Code of Costs
Judicial. In addition to the Code of Judicial Costs, the matter is still regulated in the
Code of Civil Procedure, in the Code of Criminal Procedure, in the Code of Procedure and
of Tributary Process. Incidentally, in the Code of Judicial Costs itself, the same
matters relating to the rate of justice, charges and payment of the account are repeatedly
regulated, in an essentially identical manner, by the purpose of the civil procedure, of the process
penal and the administrative and tax process.
There are also special cost schemes with respect to the processes that run
its terms in the Constitutional Court, regulated in the Decree-Law No. 303/98, of 7 of
October and with respect to procedures for the purpose of requiring compliance with
emerging pecuniary obligations of contracts of value not exceeding the remit of the
Relation and the proceedings of the injunction, regulated in the Decree-Law No. 269/98, of 1 of
September. Provisions on liability can still be found.
payment of costs, specifically with respect to exemptions, in numerous
avulous diplomas.
The reform carried out in 2003 has already had the huge merit of decreasing the index of
existing normative dispersion, but fell short of the desirable by having worked on the
Code of Judicial Costs, initially thought only for the legal proceedings, the
which settled in a heavy structure, impossible to counteract through mere
processes of legislative amendment.
The present reform thus results in a process of monitoring and evaluation
continuos of the system implementation entered by the 2003 review, having been
taken into consideration the studies carried out by the Legislative Policy Bureau and
Planning, which gave rise to a November Assessment Report of
2005, and the Final Report of Inspection of the System of Judicial Costs presented by the
Inspectorate-General of the Services of Justice in August 2006.
Departing from the alert, carried out by the said studies, for some concrete problems
in the application of the Code of Judicial Costs and for some dysfunctional aspects of the
respective scheme, left for a wider reform, subordinate to the objective
central to simplification that falls within the Government's plan to combat complexity
of the processes and reduction of the volume of the documents and the rigidity of the practices
administrative, whose lines of guidance were, fundamentally, the following:
a) More fair and appropriate allocation of the costs of Justice;
12
b) Moralization and rationalization of recourse to the courts, with the treatment
differential from bulk litigants;
c) Adoption of clearer and objective taxation criteria;
d) Reassessment of the cost-free system;
e) Simplification of the legal structure of the system of procedural expense and unification
of the respective regulations;
f) Reduction of the number of runs per expense.
Within the framework of the objectives of uniformisation and simplification of the cost system
procedural, the present reform sought to concentrate all the quantitative and the
procedure on expense due in any process, regardless of the
a judicial, administrative, tax or constitutional nature, in one diploma-the new
Regulation of Procedural Costs-maintaining some fundamental rules, of
noun character, in the laws of procedure.
Thus, the central standards regarding liability for payment of costs can
find themselves in the Code of Civil Procedure and the Code of Criminal Procedure, which will be
applicable, the subsidiary title, the administrative and tax proceedings and the processes
counterordinates, respectively. In contrast, for all these processes, the
judicial operators will be able to find simple and uniform rules in the Regulation of
Procedural Costs, with respect to the quantification of the rate of justice, to the mode of
payment of the expense or processing of the correspective account.
To avoid the duplication of the practice of acts by private individuals and the administration,
opted to eliminate the system of payment of the justice fee in two phases-rate of
initial and subsequent justice-, by now forecasting the one-time payment of a fee of
justice for each procedural intervener, at the beginning of the proceedings. In this way, and because the
further action, incident or appeal is dependent on the prior payment
of the single justice rate, they also avoid the numerous cases of non-compliance which
have given rise to the multiplication of the small runs at the expense instituted by the
Prosecutor's Office.
Still in a perspective of simplification, rules for fixing the base have been created
taxable for those cases in which there are no criteria, in the procedural law, for the
determination of the value of the cause or for the causes in which it is impossible or difficult to
determination of the same.
In the face of the high levels of litigation occurring in Portugal, the reform
intended to give continuity to the plan for the moralization and rationalization of the resource to the
13
courts initiated with the revision of 2003. In this framework, it is proposed to adopt
some more incisive measures that aim to give differential treatment in the face of
"Mass litigation".
It is thus shown to be appropriate for the setting of a special rate of justice for the people
commercial collective bargaining that have an annual volume of entries, in court, in the year
previous, greater than 200 actions, procedures or executions.
It has also created a mechanism to penalise the procedural actors who, by
dilatory grounds, "block" the courts with resources and requirements
manifestly unfounded. For these cases, the judge of the case may fix a fee
special sanctionatory, with a penalizer character, which will replace the rate of justice that
is due by the process in question.
But not all measures are penalizer. The present reform has also sought
encouraging recourse to alternative means of judicial settlement, establishing
benefits and reductions with respect to the payment of procedural costs.
This reform, more than perfecting the prevailing system, aims to institute a whole
new system of design and operation of the procedural costs. In this framework,
eliminates the current distinction between process expense and intervener expense
procedural, the usefulness of which was indecipherable, passing to there was only a concept of fee
of justice. The rate of justice is, now with more clarity, the value that each intervener
must provide, by each process, as the counterpart for the provision of a service.
In general, it also sought to appropriate the value of the justice fee to the type of
process in question and the costs that, in concrete, each process brings to the system
judicial, in a philosophy of distributive justice to which it should not be immune from the system of
procedural costs, while model of funding of the courts and repercussion
of the costs of Justice in the respective users.
According to the new tables, the value of the rate of justice is not fixed on the basis of a
mere correspondence in the face of the value of the action. It was found that the value of the action is not
a decisive element in the weighting of the complexity of the process and the generation of
costs for the judicial system. For what, looking for an improvement of the
correspectivity of the rate of justice, it is now established a mixed system that relies
in the value of the action, up to a certain maximum limit, and in the possibility of correction of the rate
of justice when it comes to especially complex processes, regardless
of the economic value attributed to the cause.
14
In this way, when it deals with special processes, cautionary procedures or other
type of incidents, the value of the justice rate cede is set to be set in function of the value of the
action, going on to appropriate the affective complexity of the respective procedure.
Seeking to continue the goals of the 2003 reform in the sense of getting a
greater procedural equality between citizens and the state, reduced significantly
the possibility of prior dispensation of the payment of the rate of justice.
Finally, it sought to still proceed to a drastic reduction in exemptions by identifying-
if the various cases of dispersed standards ascribe to the benefit of the exemption from cost
for, upon a rigorous assessment of the need for maintenance of the same, to pass
to regulate itself in a unified manner all cases of exemptions.
The Higher Council of the Magistrature was heard, the Higher Council of the
Prosecutor's Office, the Higher Council of Administrative and Fiscal Tribunals and the
Order of Lawyers.
The Association of Justice Officers and the Council of Officers were also heard
of Justice and the General Union of Workers.
The necessary representations were promoted to the hearing of the House of Solicitors, da
Trade union Association of the Portuguese Judges, of the Syndicate of the Magistrates of the
Prosecutor's Office, of the Union of Justice Officials, of the Officers ' Union
of Justice and the General Confederation of Portuguese Workers-Interunion
National.
Thus:
In the use of the legislative authorization granted by the Law No ___/de ______, pursuant to the
point ( b) of Article 198 (1) of the Constitution, the Government decrees the following:
CHAPTER I
Subject
Article 1.
Subject
The present decree-law approves the Rules of Procedural Costs and proceeds to
amendment of the following diplomas:
15
a) Code of Civil Procedure, approved by the Decree-Law No. 44,129 of 28 of
December 1961, amended by the Decrees-Laws n. ºs 47690 of 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 Law n. para.
21/78, of May 3, by the Decrees-Leis n. ºs 513-X/79, of December 27,
207/80, of July 1, 457/80, of October 10, 400/82, of September 23,
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. ºs 92/88, 17 of
March, 321-B/90, of October 15, 211/91, of July 14, 132/93, of 23 of
April, 227/94, of September 8, 39/95, of February 15, 329-A/95, of 12 of
December, 180/96, of September 25, 375-A/99, of September 20, and
183/2000, of August 10, by Law No. 30-D/2000 of December 20 by the
Decrees-Laws n. ºs 272/2001, of October 13, and 323/2001, of 17 of
December, by Law No. 13/2002, of February 19, and by the Decrees-Laws n.
38/2003, of March 8, 199/2003, of September 10, 324/2003, of 27 of
December, 53/2004, of March 18 and 76-A/2006, of March 29, and by the Laws
n ° 6/2006 of February 27 and paragraph 14/2006 of April 26;
b) Code of Criminal Procedure, approved by the Decree-Law No. 78/87, of 17 of
February, amended by Law No. 17/87, of June 1, by the Decrees-Law n. the
387-E/87, of December 29, 212/89, of June 30, 17/91, of January 10,
57/91, of August 13, by Law No. 57/91 of August 13 by the Decrees-
Laws No. 423/91, of October 30, 343/93, of October 1 and 317/95, of 28 of
November, by the Leis n. the
59/98, of August 25, 3/99, of January 13,
7/2000, of May 27 and 30-E/2000, of December 20, by the Decree-Law n.
320-C/2000 of December 15 by Law No. 52/2003 of August 22, by the
Decree-Law No. 324/2003 of December 27, by the Organic Law No. 2/2004, of
May 12 and by the Law n.;
c) Procedure and Tax Process Code, approved by the Decree-Law
n. 433/99 of October 26, as amended by the Laws n. the
3-B/2000, of April 4,
30-G/2000, of December 29, 15/2001, of June 5, 109-B/2001, of 27 of
December and 32-B/2002, of December 30, by the Decrees-Law n. the
38/2003,
of March 8 and 160/2003, of July 19, by the Leis n. the
55-B/2004, from 30 of
16
December and 60-A/2005, of December 30, by the Decree-Law No. 76-A/2006,
of March 29, by the Decree-Law No. 238/2006, of December 20 and by the Law
n 53-A/2006 of December 29;
d) The regime of procedures designed to require the fulfilment of obligations
Emerging pecuniaries of contracts of value not exceeding the court's remit
of 1 th instance, approved in annex by the Decree-Law No. 269/98, of 1 of
September, changed by the Decrees-Law n. the
383/99, of September 23,
183/2000, of August 10, 323/2001, of December 17, 32/2003, of 17 of
February, 38/2003, of March 8, 324/2003, of December 27, 107/2005,
of July 1 and 14/2006, of April 26;
e) Code of the Commercial Register, approved by the Decree-Law No. 403/86, of 3 of
December, with the amendments introduced by the Decrees-Leis n. ºs 7/88, of 15
of January, 349/89, of October 13, 238/91, of July 2, 31/93, of 12 of
February, 267/93, of July 31, 216/94, of August 20, 328/95, of 9 of
December, 257/96, of December 31, 368/98, of November 23, 172/99,
of May 20, 198/99, of June 8, 375-A/99, of September 20, 410/99,
of October 15, 533/99, of December 11, 273/2001, of October 13,
323/2001, of December 17, 107/2003, of June 4, 53/2004, of 18 of
March, 70/2004, of March 25, 2/2005, of January 4, 35/2005, of 17 of
February, 111/2005, of July 8, 52/2006, of March 15 and 76-A/2006, of
March 29;
f) Code of the Predial Register, approved by the Decree-Law No. 224/84, of 6 of
July, with the changes arising from the Decrees-Leis n. the
355/85, 2 of
September, 60/90, of February 14, 80/92, of May 7, 30/93, of 12 of
February, 255/93, of July 15, 227/94, of September 8, 267/94, of 25 of
October, 67/96, of May 31, 375-A/99, of September 20, 533/99, of 11 of
December, 272/2001 of October 13, 323/2001, of December 17 and
38/2003, of March 8, by the Decree-Law No. 194/2003 of August 23 and by the
Law No. 6/2006 of February 27;
g) The Legal Regime of Immigrant Associations, passed by Law n.
115/99, of August 3, regulated by the Decree-Law No. 75/2000, of 9 of
May;
h) The Decree-Law No. 35781 of August 5, 1946, amended by the Decree-Law n.
193/97, of July 29;
17
i) The Decree-Law No. 108/2006 of June 8.
CHAPTER II
Legislative amendments
Article 2.
Amendment to the Code of Civil Procedure
Articles 59, 92, 145, 150, 298, 305, 307, 311, 311, 311 to 309, 311.
312, 343, 372, 446 to 450, 467, 474, 486, 543, 543, 543, 543, 543.
659., 663, 668 and 690.-B of the Code of Civil Procedure, go on to the following
wording:
" Article 59.
[...]
It is incumbent on the Public Prosecutor's Office to promote execution for costs and fines
judicial authorities imposed in any proceedings.
Article 92.
[...]
1-For the execution at the expense, by fines or for the damages
referred to in Article 456 and analogous precepts, the court shall have jurisdiction
of the place where there is correct the process in which it has taken place the
notification of the respective account or liquidation, observing the provisions of
in Article 90 (3)
2-Should the respective declarative process give rise to execution by
initiative of either party, shall be carried out by cost, fines or
claims to be instituted by apenso to the main execution; case a
run at the expense there is to be instituted first, the same must be
attached to the main execution as long as they have not yet been
liquidated goods in the sufficient value for the satisfaction of the claim in
cause.
18
Article 93.
[...]
1-When the conviction at expense, fine or compensation has been
delivered in the Relation or the Supreme, the execution runs in the court of
1 th competent instance, of the area in which the process has been proceeding, since
that it should not be attached to the main execution under the terms of paragraph 2 of the
previous article.
2-[...].
Article 145.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-Regardless of fair impediment, can the act be practiced
within the first three working days subsequent to the term,
by staying their validity dependent on the immediate payment of a
fine, fixed in the following terms:
a) If the act is practiced on the first day, the fine is set at 10%
of the rate of justice corresponding to the procedure or act, with the limit
maximum half UC;
b) If the act is practiced on the second day, the fine is set at 25%
of the rate of justice corresponding to the procedure or act, with the limit
maximum 3 UC;
c) If the act is practiced on the third day, the fine is set at 40%
of the rate of justice corresponding to the procedure or act, with the limit
maximum of 7 UC.
6-Practiced the act in any of the following three working days without having been
pays immediately the fine due, as soon as the lack is verified, the
office, regardless of dispatch, notifies the person concerned to
19
pay the fine, increased by a penalty of 25%, as long as it is treated
of act practiced by the mandatary.
7-If the act is practiced directly by the party, in action that does not
import the constitution of mandatary, the payment of the fine is only
due after notification carried out by the secretion, in which a
deadline of 10 days for the said payment.
8-The judge may exceptionally determine the reduction or dispensation of the
fine in cases of manifest economic deficiency or when the
their respective amount proves to be manifestly disproportionate,
specifically in the actions that do not matter the constitution of
mandated and the act has been practiced directly by the party.
Article 150-The
[...]
1-When the practice of a procedural act requires the payment of fee from
justice, under the terms set by the Rules of Procedural Costs,
must be together the supporting document of your prior payment or
of the granting of the benefit of the judicial support, save if in the latter
case that document already finds itself next to the autos.
2-A document junction proving the fairness fee payment
of lower value than due under the Costs Regulation
Procedural, amounts to lack of junction, and the same shall be returned
to the present.
3-Without prejudice to the provisions relating to the initial petition, the lack of
junction of the document referred to in paragraph 1 does not imply the refusal of the part
procedural, owing the party to proceed to the junction in the 10 days
subsequent to the practice of the procedural act, under penalty of application of the
cominations provided for in Articles 486-A, 512.-B and 690.
4-When the initial petition is sent via e-mail or
another means of electronic transmission of data, the document
proof of the payment of the justice fee must be remitted to
court within the period referred to in paragraph 3 of the preceding article, under penalty of
disentrangement of the submitted petition.
20
5-Whenever it deals with cause that does not import the constitution of
mandated, and the act has been practiced directly by the party, it is the
part notified to proceed to the junction of proof of
payment or the granting of legal support, under penalty of staying
subject to legal cominations.
6-In the cases provided for in the preceding paragraphs, the citation is only carried out
following the junction to the autos of the said document proving.
Article 152.
[...]
1-[...].
2-[...].
3-If the party does not deliver any of the duplicates and copies
required in the preceding paragraphs, is notified officiously by the
would be able to submit them within two days, paying a fine to
amount fixed in the ( a) of Article 145 (5). Do not do so, it is
extracted certificate from the missing elements, paying the part, in addition to the
respective cost, the highest fine provided for in Article 145 (5).
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
Article 298.
[...]
1-[...].
2-In the case of required litisconsortium, confession, desistance or
transaction of some of the litisconsorts only produces effects as at the expense,
by following the provisions of Article 446-A. (2)
21
Article 305.
[...]
1-[...].
2-[...].
3-For the effect of court costs, the value of the cause is fixed by the
rules provided for in this diploma and in the Regulation of Costs
Procedural.
Article 307.
[...]
1-In the eviction actions, the value is that of the income of two and a half years,
increased rents in debt or that of the required indemnity or
agreed, whicheit is higher.
2-In proceedings referring to financial leasing contracts, the value is the
equivalent to that of the sum of the outstanding benefits up to the end of the contract
increased the overdue moratory interest rates.
3-[...].
4-[...].
Article 308.
[...]
1-In determining the value of the cause, it must cater to the moment when
action is proposed, except when there is reconvention or intervention
main.
2-The value of the application formulated by the respondent or the intervener is only summed up
to the value of the application formulated by the author when the applications are
distinct, in accordance with the provisions of Article 447 (4).
3-The increase referred to in the preceding paragraph only produces effects as to the
acts and terms subsequent to the reconvention or intervention.
4-[ Previous Article No 3 ].
22
Article 309.
Value of action in the case of vincende and periodontal benefits
1-If in the action they are asked, pursuant to Art. 472, accrued benefits
and vincends, will take into consideration the value of one and others.
2-In proceedings whose decision involves a periodic provision, save in the
food actions or contribution to domestic expenses, has-
into consideration the value of benefits relative to a multiplied year
by 20 or by the number of years that the decision covers, if it is lower;
case it is impossible to determine the number of years, the value will be that of the
remit of the Relation.
Article 311.
[...]
1-[...].
2-In the actions for division of common thing, it meets the value of the thing
that one intends to divide.
3-In the inventory processes it meets the sum of the value of the goods to
share; when the value of the goods is not determined, it is met by the
constant value of the relationship presented in the allocation of finances.
4-[ Previous Article No 2 ].
Article 312.
Value of actions on the state of the people or on immaterial interests or
fuzzy
1-The actions on the state of the people or about immaterial interests
consider themselves to always be of value equivalent to the remit of the Relation and more
(euro) 0.01.
2-A The same rule applies to actions for the allocation of the house of abode
of family, constitution or transfer of the right to lease.
23
3-In processes for the tutelage of diffuse interests, the value of the action
corresponds to that of the invoked damage, with the maximum limit of double the
alade of the Court of Relation.
Article 343.
[...]
The opponent will deduct his claim by way of petition, to which they are
applicable, with the necessary adaptations, the provisions relating to the petition
initial, including with respect to the procedural costs.
Article 372.
Common rules of processing the incident
1-[...].
2-[...].
3-A improvenance of the habilitation shall not preclude the applicant from deducting
another, on the grounds of different facts or in various evidence
relative to the same fact. The new habilitation, when founded in the
same facts, can be deduced in the proceedings of the first, by the
simple offer of other evidence, maintaining, however, the duty
of payment of the charges relating to the first habilitation.
Article 446.
[...]
1-[...].
2-Understand that it gives cause at the expense of the process:
a) The beaten part, in the proportion in which it is, save the provisions of the
the following points;
b) The author who, and may resort to alternative resolution structures
of disputes, opt for recourse to the judicial process, save when the
contrarian part has rejected or demonstrated in a manifest manner
their opposition to the alternative resolution of the dispute;
24
c) The defendant who has rejected or demonstrated in a manifest manner
their opposition to the recourse to the alternative resolution structures of
disputes referred to in the preceding paragraph;
3-In the case of conviction for solidary obligation, solidarity
stretches at the expense.
4-The provisions of Article 450 shall not apply to the cases provided for by the
points b) and c) of the previous number.
5-The alternative resolution structures of disputes referred to in points b)
and c) of paragraph 2 shall be listed as a member of the responsible government member
by the area of Justice.
Article 447.
Procedural Costs
1-Procedural costs cover the rate of justice, charges and the
cost of part.
2-A The rate of justice corresponds to the amount due for the boost
procedural of each intervener and is fixed in function of the value and
complexity of the cause, in the terms of the Regulation of Costs
Procedural.
3-Charges of the process all the expenses resulting from the conduct of the
even, required by the parties or ordered by the judge of the cause.
4-The expense of part understands what each part there is expended with
the process and is entitled to be compensated by virtue of the conviction
of the contrary part.
Article 448.
[...]
1-[...].
2-[...].
3-The employee or enforcement officer who gives cause for the cancellation of acts
of the case responds to the injury resulting from the cancellation, in the terms
set by the regime of the extracontratual civil liability of the State.
25
Article 449.
[...]
1-[...].
2-[...].
a) [...].
b) [...].
c) When the author, munched from a title with manifest executive force,
cut to the declaration process;
d) When the author, and may propose special declarative action for
fulfillment of pecuniary obligations, turn to the process of
injunction or other analogs provided for by law, opt for the appeal to the
declaration process;
e) [ Previous Article d) ]
3-[...].
Article 450.
Breakdown of the costs
1-When the demand of the author or applicant or the opposition of the respondent or
required were founded at the time they were intendant or
deduced and ceased to be by overdue circumstances to these
non-imputable, the expense are rematches between those in equal parts.
2-It is considered that a change in circumstances has occurred not
attributable to the parties when:
a) The pretension of the author or defendant or opposition of the defendant or
applicant if housees founded in legal provision though
changed or revoked;
b) When a reversal of constant jurisprudence occurs in which
if there is founded the pretension of the author or applicant or opposition
of the defendant or required;
c) When it occurs, in the course of the procedure, the prescription or amnesty;
26
d) When, in the process of execution, the heritage that would serve as a
guarantee to creditors if it has dissipated by fact not attributable
to the executed;
e) When dealing with action biased to the satisfaction of obligations
pecuniary and come to occur the declaration of insolvency of the defendant
or executed, provided that, at the date of the purposeful of the action, no
it was predictable for the author to be referred to insolvency.
3-In the remaining cases of extinction of the instance by impossibility or
supervenient uselessness of the lide, the responsibility for the expense lies the
job title of the author or applicant, save if such impossibility or uselessness
is attributable to the defendant or required, in which case in is this the responsible for the
totality of the expense.
4-It is considered, in particular, that it is attributable to the defendant or required to
supervenient uselessness of the lide when this decoration of satisfaction
voluntary, on the part of this, of the claim of the author or applicant, outside
of the cases provided for in paragraph 2 of the previous article and save if, in the event of
agreement, the parties acces the apportionment of the expense.
Article 452.
Costs due to ancillary intervention and assistance
1-The one whose intervention in the cause is accepted and takes up the quality of
assistant is responsible, if the assisted decay, by the payment of costs
pursuant to the terms set out in the Rules of Procedural Costs.
2-In cases of intervention by the Public Prosecutor's Office, it is only due to cost
when this does not benefit from exemption for an eventual intervention
as the main part in the identical contested issue.
Article 453.
[...]
1-A The rate of fairness of the cautionary procedures and those of the incidents is
paid by the applicant, being met, the final, in the respective action;
27
there is opposition, the value to be taken up in the main action is calculated in
double.
2-A justice fee in the process of early proof production is paid
by the applicant and serviced in the action that is in the meantime proposed.
3-A The fairness rate of avulate notifications is paid by the applicant.
Article 454.
[...]
1-The judicial and technical mandators of the winning party may apply for
that your credit for fees, expenses and advances is, total
or partially, satisfied by the expense that your constituent has
right to receive from the beaten part.
Article 455.
[...]
The expense of the execution, including the fees and expenses borne by the
execution agent, apensos and respective declarative action leave precypsies
of the product of the pawned goods.
Article 467.
[...]
1-[...].
2-[...].
3-The author must join the initial petition the document proving the
prior payment of the due rate of justice or the grant of the
benefit of judicial support, in the modality of total dispensation or
partial of the same.
4-[...].
5-In the case provided for in the preceding paragraph, the author shall make the payment
of the rate of justice within 10 days from the date of the notification of the
definitive decision that indefencs the request for judicial support, under penalty of
28
disentangement of the initial petition presented, save if the
dismissal of the request for judicial support is only notified after
carried out the citation of the respondent.
6-[...].
7-[...].
Article 474.
[...]
[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) It has not been together the document proving the prior
payment of the due rate of justice or the document that attests to
granting of judicial support, except in the case provided for in paragraph 4
of Article 467 para.
g) [...];
h) [...];
i) [...].
Article 486-The
[...]
1-It shall apply to the contestation, with the necessary adaptations, the provisions of the
n Article 467 (3), and may the defendant, if he is awaiting decision on
the granting of the benefit of judicial support, join only the
document proving the presentation of the respective application.
2-In the case provided in the final part of the preceding paragraph, the respondent must join the
process the document proving the prior payment of the rate of
justice within 10 days of the notification of the decision that
indefraves the request for judicial support.
29
3-In the lack of joining, within 10 days of the submission of the
contestation, of the document proving the payment of the rate of
justice due, the registry notifies the person concerned to, in 10 days,
carry out the payment omitted with an addition of equal fine
amount, but not less than 1 AU or greater than 5 UC.
4-[...].
5-Finds the joints and without prejudice to the time limit granted in paragraph 3, if
has not been together the supporting document of the payment of the fee
of justice due and of the fine on the part of the defendant, the judge professes dispatch
under the terms of the ( b) of Article 508 (1), inviting the respondent to
proceed, within 10 days, to the payment of the rate of justice and the
missing fine, plus fine of value equal to that of the rate of justice
initial, with the minimum limit of 5 UC and maximum of 15 UC.
6-[...].
7-[...].
Article 538.
[...]
1-The expenses to which the requisition is given enter into the rule of expense, the
title of charges, being soon abated to the official bodies and the
third parties by the party who has suggested the diligence or the one to whom
the diligence enjoy.
2-When the judge checks that the requisitioned documents reveal themselves
manifestly impertinent or unnecessary and case the part
applicant has not acted with due prudence, it is the same
doomed to the payment of a fine under the Regulation of the
Procedural Costs.
Article 543.
[...]
1-Together the documents and complied with by the Registry the provisions of the article
526., the judge, as soon as the case is conclusive, if it does not
30
ordered the junction and verify that the documents are impertinent or
unnecessary, will send you to remove them from the process and restore them to the
present, condemning this to the payment of fine under the terms of the
Regulation of Procedural Costs.
2-In case the provisions of Article 523 (2) are applicable, the Party is
doomed in the payment of a single fine.
Article 659.
[...]
1-[...].
2-[...].
3-[...].
4-At the end of the sentence, should the judge convict those responsible for the expense
procedural; state the proportion of the respective liability and
determine the application of Sections B or C of Table I append to the
Regulation of Procedural Costs, when it is the case.
5-[ Previous Article No 4 ].
Article 663.
[...]
1-[...].
2-[...].
3-A The circumstance of the relevant legal fact having been born or if there was
extinguished in the course of the process is taken into account for the effect of the
conviction at expense, in accordance with the provisions of Article 450.
Article 668.
[...]
1-It is void the sentence:
a) [...];
b) [...];
31
c) [...];
d) [...];
e) [...];
f) When it is omissa with regard to the setting of liability
at the expense, pursuant to Rule 659 (4)
2-[...].
3-[...].
4-[...].
Article 690-B
[...]
1-If the document proving the payment of the due rate of justice
or the granting of the benefit of the judiciary support has not been attached to the
process at the time defined for this purpose, the Registry notifies the
interested to, in 10 days, carry out the omitted payment, plus
of a fine of equal amount, but not less than 1 AU nor more than 5
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 document proving the payment of the
rate of justice due and the fine or the granting of the benefit of the support
judicial, the court determines the disentranment of the allegation, of the
application or response submitted by the missing party.
3-[...]. "
Article 3.
Addition to the Code of Civil Procedure
They are deferred to the Code of Civil Procedure the articles 446-A and 447.-A to 447 º-D, with the
following wording:
32
" 446.
Rules relating to litisconsortium and coalition
1-Having been overdue, in totality, several authors or several defendants
litisconsorts, these respond by the expense in equal parts.
2-In the transaction cases of some of the litisconsorts, those who
transigirem will benefit from a reduction of 50% in the value of the expense.
3-When the maturity of some of the litisconsorts is only partial, the
liability for costs takes such a circumstance into consideration, in the
terms set out in the Rules of Procedural Costs.
4-When there is coalition of authors or defendants, the responsibility for cost
is determined individually in the general terms set out in paragraph 2 of the
article 446 para.
Article 447-The
Rate of Justice
1-A The rate of justice is paid by the party that demande in the quality of author
or defendant, exequated or performed, applicant or required and recurrent.
2-In the case of reconvention or main intervention, it is only due rate of
supplementary justice when the recount deducts a distinct request from the
author.
3-It does not consider itself to be distinct from the request, specifically, when the party
intends to achieve, in its benefit, the same legal effect as the
author proposes to obtain or when the party intends to obtain the mere
compensation of credits.
4-Havendo litisconsortium, the consort that figure as a part first in the
initial petition, reconvention or application shall proceed to the
payment of the totality of the justice fee, safeguarding the right
of return on the litisconsorts.
5-In the cases of coalition, each author, reconner, exequent or applicant
is responsible for the payment of the respective fee for justice, the
value of this set out in the expiry of the Rules of Procedural Costs.
33
6-In the actions proposed by commercial companies that have given
entry into any court, in the previous year, to 200 or more shares,
procedures or executions, the rate of justice is set at double face
to the reference value, pursuant to the Regulation of Costs
Procedural.
7-For the purpose of conviction in the payment of justice fee,
consider themselves to be of particular complexity the actions that:
a) Concern matters of high legal expertise,
technical specificity or import the combined analysis of
legal issues of a very diverse scope; and
b) They imply the hearing of a high number of witnesses, the
analysis of extremely complex means of evidence or the
realization of various tedious production representations.
Article 447-B
Exceptional sanctionatory rate
By reasoned decision of the judge, and in exceptional cases, it may be
applied a sanctionary rate to the applications, resources, complaints,
requests for rectification, reform or clarification when these, being
considered to be manifestly unfounded:
a) Be an exclusive result of the lack of prudence or diligence of the
part, do not aim to discuss the merit of the cause and reveal themselves
merely dilatory; or
b) Aiming to also discuss the merit of the cause, are manifestly
improceeded by constant and consolidated jurisprudence
and result exclusively from the lack of diligence and prudence of the
part.
34
Article 447-C
Charges
1-Unless the provisions of the law governing the judicial support, each party pays the
charges to which it has given rise and that if they are produced in the
process.
2-The charges are the responsibility of the party that required due diligence
or, when it has been performed officiously, of the part that it takes advantage of
of the same.
3-When all parties have the same interest in diligence or
achievement of the expense, take equal advantage of the diligence or expense or
you do not get to determine who is the interested party, are the charges
reparties of equal mode between the parties.
4-Are exclusively borne by the requesting Party the charges with
acquisition of magnetic supports necessary for the recording of the evidence.
5-Are exclusively borne by the requesting Party,
regardless of the maturity or the conviction at expense, the
charges with the realisation of manifestly unnecessary representations
and of a dilatory character.
6-A The application of this standard always depends on the determination of the judge.
Article 447-D
Cost of part
1-The expense of the winning part is supported by the winning part, in the
proportion of its decay and in the terms provided for in the Regulation of
Procedural Costs.
2-Understand at the expense of part, specifically, the following
expenses:
a) The fees for justice paid;
b) The charges actually borne by the party;
c) The remuneration paid to the executing agent and the expenses by
this carried out;
d) The fees of the mandatary and the expenses for this carried out.
35
3-The amounts referred to in the preceding paragraph are the subject of note
discriminative and justification, in which they should also appear all the
essential elements relating to the process and the parties. "
Article 4.
Amendment to the systematic organization of the Code of Civil Procedure
1-A Section I of Chapter VII of Book III goes on to have the following epiggrafe: " Costs-
General principles ".
2-A Section II of Chapter VII of Book III goes on to integrate Articles 446-A and
447.-A to 447.-D deferred by this decree-law and still Articles 448 to 455,
passing to have the following epiggrafe "Special rules".
3-It is added to Section III to Chapter VII of Book III, with the following epitome:
"Fines and compensation"
Article 5.
Republication of Chapter VII of Title I of Book III of the Code of
Civil Process
It is republished, in Annex I, Chapter VII of Title I of Book III of the Code of
Civil Process.
Article 6.
Amendment to the Code of Criminal Procedure
Articles 374, 376, 377, 510 to 515, 519 to 522, and 524, 519 to 522 and 524 are amended.
of the Code of Criminal Procedure, which are replaced by the following:
" Article 374.
[...]
1-[...]
2-[...].
3-[...].
36
4-A sentence observes the provisions of this Code and in the Regulation of Costs
Procedural in the matter of costs.
Article 376.
[...]
1-[...].
2-A absolute sentence condemns the assistant at expense, in the terms provided for
in this Code and in the Rules of Procedural Costs.
3-[...].
Article 377.
[...]
1-[...].
2-[...].
3-Havendo conviction with respect to the application for civil damages is
the defendant sentenced to pay the costs borne by the plaintiff
in this quality and, case cumule, in the quality of assistant.
4-Havendo acquittn with respect to the request for civil damages is
the plaintiff convicted at the expense in the terms set out in the
Regulation of Procedural Costs.
Article 397.
[...]
1-When the accused does not object to the application, the judge, by order,
carries out the application of the penalty and the conviction in the payment of fee of
justice.
2-[...].
3-[...].
37
Article 510.
[...]
In everything that is not specially provided for in this Code, the execution of goods
shall be governed by the provisions of the Code of Civil Procedure and the Regulation of Costs
Procedural.
Article 511.
[...]
With the product of the executed goods the payments by the following order are carried out:
1. [...]
2. [...]
3. The charges settled in favour of the State and the Institute of Financial Management
and of the Infra-estutures of Justice, I. P.
4. [...]
5. [...]
Article 512.
[...]
Unless otherwise provided, the importances of fines and fines
charged in judgment have the destination set in the Costs Regulation
Procedural.
Article 513.
[...]
1-There is only place when paying the fee when conviction occurs in 1 th
total instance and decay in any resource.
2-[...].
3-A conviction in rate of justice is always individual and the respective
quantitative is fixed by the judge, the final, in the terms provided for in the
Regulation of Procedural Costs.
38
Article 514.
[...]
1-Unless there is judicial support, the convicted defendants are responsible
by the payment, the final, of the charges to which your activity there is
given place.
2-[...].
3-If the assistant is also convicted in the payment of fee for justice,
liability for the charges that cannot be charged to the
simple activity of one or the other is rematch by both of equal
mode.
Article 515.
Responsibility of the assistant at the expense
1-It is due rate of justice by the assistant in the following cases:
a) If the accused is acquitted or is not uttered by all or
for some crimes set out in the charge that there is deducted;
b) Whether to decay, in whole or in part, in a resource that there is
interposed or in which you have made opposition;
c) [ Repealed ];
d) If you do end the process by giving up or abstaining
unjustified to charge;
e) [ Repealed ];
f) [...].
2-[...].
3-[ Revoked ].
Article 519.
[...]
1-A The constitution of assistant gives way to the payment of fee for justice,
on the terms set out in the Rules of Procedural Costs.
39
2-[ Revoked ].
3-[...].
Article 520.
Liability of whistleblower
Pay also costs the whistleblower, when it shows that it has denounced it
bad faith or with gross negligence.
Article 521.
Special rules
1 The practicing of any acts in criminal proceedings shall apply to the provisions of the
Code of Civil Procedure when the conviction in the fee payment
exceptional sanctionatory.
2 When dealing with acts carried out by person who is not a procedural subject
penal and are in cause conduits that dulls the progress of the process
or imply the substantial disposition of time and means, may the judge
order the target to pay the payment of a fee set between 1 UC and 5 UC.
Article 524.
Subsidiary provisions
It shall be in a subsidiary applicable to the provisions of the Rules of Procedural Costs. "
Article 7.
Addition to the Code of Criminal Procedure
The following Article 107 is added to the Code of Criminal Procedure, with the following:
40
" Article 107-A
Sanction for the extemporaneous practice of procedural acts
Without prejudice to the provisions of the previous article, to the extemporaneous practice of
criminal procedural acts applies to the provisions of paragraphs 5 a to 7 of Article 145.
of the Code of Civil Procedure, with the following changes:
a) If the act is practiced in the 1 th day, the fine is equivalent to half UC;
b) If the act is practiced in the 2 th day, the fine is equivalent to 1 AU;
c) If the act is practiced in the 3 th day, the fine is equivalent to 2 AU. "
Article 8.
Republication of the Book XI of the Code of Criminal Procedure
It is republished, in Annex II, the Book XI of the Code of Criminal Procedure.
Article 9.
Addition to the Code of Procedure and Tributary Process
The Article 97 shall be added to the Code of Procedure and of the Tributary Process,
approved by Decree-Law No. 433/99 of October 26, with the following wording:
" Article 97.
Value of the cause
1-The values serviceable, for the purposes of costs or others provided for in the law,
for the actions that are due in the tax courts, they are as follows:
a) When it is impugned to liquidation, that of the importance whose
cancellation is intended;
b) When to impugn the act of fixing the collectible matter, the
contested value;
c) When to impugn the act of fixation of the patrimonial values, the
contested value;
41
d) In the contentious appeal of the total or partial dismissal or the
revocation of exemptions or other tax benefits, that of the value of the
exemption or benefit;
2-In cases not provided for in the preceding paragraphs, the value is set by the
judge, taking into account the complexity of the process and the economic condition
of the impugent, having as the maximum limit the value of the 1 th
instance of the judicial courts.
3-When there is apensation of impugations or executions, the value is the
corresponding to the sum of the requests. "
Article 10.
Amendment to Decree-Law No 269/98 of August 28
Articles 19 and 21 of the Annex to Decree-Law No. 269/98 of August 28, pass
the following:
" Article 19.
Document proving the payment of the rate of justice
On the lack of joining of the document proving the payment of the fee of
justice, is disentranted the respective procedural piece.
Article 21.
Execution founded on injunction
1-A execution founded on application for injunction follows, with the
necessary adaptations, the form of common process.
2-A The implementation has as limits the importances referred to in point d )
of Article 13.
3-Reverses, in equal parts, to the exequent and to the Institute of
Financial Management and the Infrastructure of Justice, I. P. the interest that
add to the interest of mora. "
42
Article 11.
Amendment to the Code of Commercial Registration
Article 93-C of the Code of Commercial Registration, approved by the Decree-Law No. 403/86,
of December 3 is replaced by the following:
" Article 93-C
Gratuitousness of registration and costs
The registration of rectification is free of charge, unless it is inaccurate
coming from disability of the securities. "
Article 12.
Amendment to the Code of the Predial Register
The Articles 132-C and 147.-A of the Code of the Predial Register, approved by the Decree-Law
n ° 224/84 of July 6 shall be replaced by the following:
" Article 132-C
Gratuitousness of the Registry
The registration of rectification is free of charge, unless it is inaccurate
coming from disability of the titles.
Article 147-The
Value of the resource
The value of the contentious appeal is that of the fact whose registration has been refused or made
provisionally. "
43
Article 13.
Amendment to Law No. 115/99 of August 3
Article 4 of Law No. 115/99 of August 3 shall be replaced by the following:
" Article 4.
[...]
1-Immigrant associations enjoy the following rights:
a) [...].
b) [...].
c) [...].
d) [...].
e) [...].
f) Benefit from stamp duty exemption;
g) [...].
h) [...].
i) [...].
j) [...].
2-[...]. "
Article 14.
Amendment to Decree-Law No 75/2000 of May 9
Article 2 of the Decree-Law No. 75/2000 of May 9 is replaced by the following:
" Article 2.
[...]
1-Immigrant associations enjoy the following rights:
a) [...];
b) [...];
c) [...];
d) [...];
44
e) [...];
f) Benefit from stamp duty exemption;
g) [...];
h) [...];
i) [...];
j) [...].
2-[...]. "
Article 15.
Amendment to Decree-Law No 35781 of August 5, 1946
Article 1 of the Decree-Law No. 35781 of August 5, 1946, as amended by the Decree-
Law No. 193/97 of July 29 shall be replaced by the following:
" Article 1.
The Welfare Box of the Ministry of Education, the creation of which was
approved by Decree No. 12695 of November 19, 1926, works
together with this Ministry and is intended to ensure, in the case of death of
any of its associates, a grant, with a life insurance character,
to your heirs or to the person or persons to that effect designated by the
partner in the terms of these Statutes and their regulations, as well as others
modalities of foresight or still actions of social solidarity.
§ 1 th [...].
§ 2 th [...].
§ 3. [ Revoked ]. "
Article 16.
Amendment to Decree-Law No 108/2006 of June 8
Article 18 of the Decree-Law No. 108/2006 of June 8, rectified by the Declaration
of rectification No 48/2006 of August 7, is replaced by the following:
45
" Article 18.
[...]
1. The rate of justice is reduced to half when the parties present the
action in accordance with Article 9 (1) or use of the faculty provided for in the
article 13 para.
2. [...]. "
Article 17.
Fate of the amounts charged by the courts
1-When they come to be charged amounts, by the courts, by virtue of the conviction
in the payment of fines, 10% of its revert value to the Institute of Management
Financial and the Infrastructure of Justice, I. P.
2-The amounts that do not revert in favour of the Institute of Financial Management and Infra-
-studies of Justice, I. P. are deposited with the Directorate General of the Treasury, which
conduct the transfer of the same to the accounts of the respective entities
beneficiary.
Article 18.
Approval of the Rules of Procedural Costs
The Rules of Procedural Costs, published in Annex III, are hereby approved
an integral part of this decree-law.
CHAPTER III
Transitional Provisions
Article 19.
Transitional arrangements
1-Benefit, in exceptional title, from the provisions of Article 23 (2) of the
Regulation of Procedural Costs, the Parties that, at any time or state
of the process, save when it has already been handed down sentence in 1 th instance:
46
a) Reach the agreement;
b) They have given up the instance for recourse to resolution instruments
alternative of disputes.
2-The benefit granted in the preceding paragraph covers agreements and dismissals
occurred between the entry into force of the present Decree-Law and December 31 of
2007.
Article 20.
Regulatory provisions
1-The Portaries No 42/2004 of January 14 and No 1178-B/2000 of December 15
are reviewed within 30 days after the publication of this decree-law, having in
consideration of the provisions of Article 33 (6) of the Regulation of Costs
Procedural.
2-The portaries referred to in Article 30 (5), Article 31 (3), 6 (6)
And in Article 40 of the Rules of Procedural Costs are approved within the period of
30 days after the publication of this decree-law.
3-The portaries referred to in the previous figures only produce effects from day 1
of January 2008.
Article 21.
Transitional provisions
1-For the implementation of this decree-law, the Ministry of Justice obliges to proceed
to changes that are required to be necessary for the adaptation of the computer system
of the procedural costs to the respective Regulation.
2-For the performance of this decree-law, the Ministry of Justice obliges itself to promote,
during the year 2007, a training plan for the officers of justice who takes
into consideration the changes to the system of the procedural expense and the system
corresponding informatics.
47
Article 22.
Account Unit
The first annual update of the unit of account, currently set at 96 €,
provided for in Article 5 (2) of the Rules of Procedural Costs is carried out in
2008, pursuant to the Rules of Procedural Costs.
Article 23.
Drafting of the outstanding accounts
The accounts of the proceedings pending on January 1, 2008 are drawn up by the registry
centre of the court of 1 th instance where the respective process proceeded.
CHAPTER IV
Final Provisions
Article 24.
Institute of Financial Management and the Infrastructure of Justice, I. P.
Up to the entry into force of the organic law of the Institute of Financial Management and Infra-
-studies of Justice, I. P., the references made in the present decree-law to this body
consider themselves to be made to the Institute of Financial Management and the Patrimonial of Justice.
Article 25.
Abrogation standard
1-The waivers of costs provided for in any law, regulation or
would pore and confer upon any public or private entities, which are not
provided for in this decree-law.
2-The following diplomas are still revoked:
a) Decree-Law No 224-A/96 of November 26, as amended by Law No.
59/98, of August 25, Law No. 45/2004 of August 19 and Law No 60-
A/2005, of December 30, and by the Decree-Law No. 91/97, 22 of
April, Decree-Law No. 304/99, of August 6, Decree-Law No. 320-
48
B/2000, of December 15, Decree-Law No. 323/2001, of 17 of
December, Decree-Law No. 38/2003, of March 8 and Decree-Law n.
323/2003, of December 27;
b) The Article 512-B of the Code of Civil Procedure, approved by the Decree-
Law No. 44,129 of December 28, 1961, amended by the Decrees-
Laws No 47690, of 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, de
May 27, 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 December 30, by Law No. 21/78, of
May 3, by the Decrees-Leis n. ºs 513-X/79, of December 27,
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. ºs 92/88, March 17, 321-B/90, October 15,
211/91, of July 14, 132/93, of April 23, 227/94, of 8 of
September, 39/95, of February 15, 329-A/95, of December 12,
180/96, of September 25, 375-A/99, of September 20, and 183/2000,
of August 10, by the Law No. 30-D/2000 of December 20 by the
Decrees-Laws n. the
272/2001, of October 13, and 323/2001, of 17 of
December, by Law No. 13/2002, of February 19, and by the Decrees-
Laws n. the
38/2003, of March 8, 199/2003, of September 10,
324/2003, of December 27, and 53/2004, of March 18, and by the Laws
n ° 6/2006 of February 27 and 14/2006 of April 26;
c) The points c) and e) of Article 515 (1) and (3), paragraph 2 of the article
519. and Article 522 (2) of the Code of Criminal Procedure, approved
by Decree-Law No. 78/87 of February 17, as amended by Law no.
17/87, of June 1, by the Decrees-Law n. the
387-E/87, from 29 of
December, 212/89, of June 30, 17/91, of January 10, 57/91, of
August 13, by Law No. 57/91, of August 13, by the Decrees-Leis
n. 423/91, October 30, 343/93, October 1 and 317/95, 28
of November, by the Leis n. the
59/98, of August 25, 3/99, of 13 of
January, 7/2000, of May 27 and 30-E/2000, of December 20, by the
Decree-Law No 320-C/2000 of December 15, by Law No. 52/2003,
49
of August 22, by the Decree-Law No. 324/2003 of December 27,
by the Organic Law No. 2/2004 of May 12 and by the Law n.;
d) § 3 of Article 1 of the Decree-Law No 3581 of August 5, 1946;
e) Articles 79 and 183 of the Notarial Code, approved by the Decree-
Law No. 207/95 of August 14, with the amendments made by the
Decrees-Laws No 40/96 of May 7, 250/96, of December 24,
257/96, of September 20, 410/99, of October 15, 64-A/2000, of
April 22, 237/2001, of August 30, 273/2001, of October 13,
322-A/2001, of December 14, 2/2005, of January 4 and 76-A/2006,
of March 29;
f) Articles 5 and 6 of the Decree-Law No. 212/89 of June 30, amended
by Decree-Law No 323/2001 of December 17;
g) Article 29 (11) of the Decree-Law No 522/85 of December 31;
h) Article 13 (3) of the Decree-Law No 423/91 of October 30;
i) The point g) of Article 1 of Law No 151/99 of September 14;
j) Article 4 of the Decree-Law No 269/98 of August 28, amended by the
Decrees-Law n. the
383/99, of September 23, 183/2000, of 10 of
August, 323/2001, of December 17, 32/2003, of February 17,
38/2003, of March 8, 324/2003, of December 27, 107/2005, of 1
of July and 14/2006, of April 26 and Article 20 of the respective Annex;
l) Article 127 of the Statute of the Order of Pharmacists, approved by the
Decree-Law No. 288/2001, of November 10 and amended by the Decree-
Law No. 134/2005 of August 16;
m) Article 1 of Decree-Law No 148/2000 of July 19;
n) Decree-Law No 303/98 of October 7;
o) The Decree-Law No 36/2002 of February 26;
p) The Portaria No. 810/2005 of September 9.
Article 26.
Entry into force
The present decree-law shall come into force 30 days after publication.
50
Article 27.
Application in time
1-The present decree-law produces effects from the January 1, 2008.
2-The amendments to the laws of procedure and the new Rules of Procedural Costs
apply only to the proceedings initiated from the January 1, 2008, save
the provisions of the following numbers.
3-Even if the process is pending, changes to the laws of procedure and the new
Regulation of Procedural Costs apply immediately to the apensos that
have started after January 1, 2008.
4-Applies to the pending cases the articles 446, 446.-A, 447.-B, 451 and 455.
of the Code of Civil Procedure.
5-Applies to the pending proceedings Article 521 of the Code of Criminal Procedure.
6-Applies to the pending cases the Articles 9, 10, 16 to 24, 27, 28 and 33 to
40 of the Rules of Procedural Costs.
7-The mechanism provided for in Article 22 of the Rules of Procedural Costs, in the
respect to the pending proceedings, does not apply when the party has already
benefit or come to benefit from the provisions of Articles 14 and 15 of the Code of
Court Costs.
Seen and approved in Council of Ministers of
The Prime Minister
The Minister of Justice
51
ANNEX I
(As referred to in Article 4)
It is republished Chapter VII of Title I of Book III of the Code of Civil Procedure:
CHAPTER VII
From the expense, fines and compensation
SECTION I
Costing-General principles
Article 446.
General rule in the matter of costs
1-A Decision judging action or any of its incidents or resources will convict
at expense the part that they have given cause or, not due to the maturity of the
action, who of the process took advantage of.
2-Understand that it gives cause at the expense of the process:
a) The part won, in the proportion in which it is, save the provisions of the provisions of the
following;
b) The author who, may use structures of alternative dispute resolution,
opt for recourse to the judicial process, save when the opposing party has
rejected or demonstrated in a manifest manner to their opposition to the resolution
alternative of the dispute;
c) The defendant who has rejected or demonstrated in a manifest manner his opposition
to recourse to the alternative dispute resolution structures referred to in paragraph
previous.
3-The provisions of Article 450 shall not apply to cases provided for by the 450 b) and c) from the
previous number.
4-In the case of conviction for solidary obligation, solidarity extends at the expense.
5-The alternative resolution structures of disputes referred to in points b) and c) of paragraph 2
are listed from the member of the Government responsible for the area of Justice.
52
SECTION II
Special rules
Article 446-The
Rules relating to litisconsortium and coalition
1-Having been overdue, in totality, several authors or several defendants litisconsort,
these respond by the expense in equal parts.
2-In the transaction cases of some of the litisconsorts, those who transitions
will benefit from a reduction of 50% in the value of the expense.
3-When the maturity of some of the consorts is only partial, the
liability for costs should take such a circumstance into consideration, in the
terms set out in the Rules of Procedural Costs.
4-When there is coalition of authors or defendants, the responsibility for costs is
determined individually in the general terms set out in Article 446 (2).
Article 447.
Procedural Costs
1-The procedural costs cover the rate of fairness and charges and the expense of part.
2-A The rate of justice corresponds to the amount due for the procedural thrust of each
intervener and is fixed in function of the value and complexity of the cause, pursuant to the
Regulation of Procedural Costs.
3-It is charges of the procedure all expenses resulting from the conduct of the same,
required by the parties or ordered by the judge of the cause.
4-The expense of part understands what each party has expended with the process and
has a right to be compensated by virtue of the conviction of the opposing party.
Article 447 To
Rate of Justice
1-A The rate of justice is paid only for the part that demande in the quality of author or defendant,
exequent or executed, applicant or required and recurrent.
53
2-In the case of reconvention or main intervention, it is only due rate of justice
supplemental when the recontwenty deducts a distinct request from the author.
3-It does not consider itself to be distinct from the request, specifically, when the party intends to
achieve, in its benefit, the same legal effect that the author proposes to obtain or
when the party intends to obtain the mere compensation of credits.
4-Havendo litisconsortium, the consort that figure as a part first in the initial petition,
reconvention or application should proceed to the payment of the whole fee
of justice, safeguarding the right of return on litisconsorts.
5-In the cases of coalition, each author, reconqueror, enforceable or applicant is
responsible for the payment of the respective rate of justice, the value of this being the
fixed in the expiry of the Rules of Procedural Costs.
6-In the actions proposed by commercial companies that have given input into
any court, in the previous year, 200 or more actions, procedures or executions,
the rate of justice is set at double face to the reference value, in the terms of the
Regulation of Procedural Costs.
7-For the purpose of conviction in the payment of justice fee, they consider themselves to be
special complexity the actions that:
a) Concern issues of high legal specialization, specificity
technique or impose the combined analysis of legal issues of a very much
diverso; and
b) They imply the hearing of a high number of witnesses, the analysis of
extremely complex means of proof or the realization of various representations
of production of morose proof.
Article 447-B
Exceptional sanctionatory rate
By reasoned decision of the judge, and in exceptional cases, a fee may be applied
sanctionatory to the applications, resources, complaints, requests for rectification,
reform or enlightenment when these, being considered manifestly
improceders:
a) Be an exclusive result of the lack of prudence or diligence on the part, no
aim to discuss the merit of the cause and to reveal themselves merely dilators; or
54
b) Aiming to also discuss the merit of the cause, are manifestly
improceeded by constant and consolidated jurisprudence and result
exclusively from the lack of diligence and prudence on the part.
Article 447-C
Charges
1-Unless the provisions of the law governing the judicial support, each party shall pay the charges to
that has given rise and that if they are produced in the process.
2-The charges are the responsibility of the party that required due diligence or, when
has been performed officiously, from the part that takes advantage of it.
3-When all parties have the same interest in the diligence or realization of the
spending, take advantage of those in the same way or you can't determine who is the
interested party, it is the burdens rebroken equally between the parties.
4-Are exclusively borne by the requesting Party the charges with the acquisition
of magnetic supports required for the recording of the evidence.
5-Are exclusively borne by the requesting Party, regardless of the
maturity or the conviction at expense, the charges with the realization of
evidently unnecessary and dilatory character; the application of this
standard always depends on determination of the judge.
Article 447-D
Expense of Part
1-The expense of the winning part is supported by the winning part, in the proportion of its
decay and in the terms provided for in the Rules of Procedural Costs.
2-Understand at the expense of part, specifically, the following expenses:
a) The fees for justice paid;
b) The charges actually borne by the party;
c) The remuneration paid to the executing agent and the expenses for this
carried out;
d) The fees of the mandatary and the expenses for this carried out.
55
3-The amounts referred to in the preceding paragraph are the subject of a discriminative note and
justification, in which they should also appear all the essential elements
relative to the process and the parties.
Article 448.
Acts and representations that do not enter into the general rule of the expense
1-A The liability of the venquant in respect of the costs does not cover the acts and
superfluous incidents, nor the representations and acts that they house from repeating themselves by
guilt from some judicial clerk, nor the expenses to which der causes the postponement
of judicial act for unwarranted lack of person who was due to attend.
2-Must repudiate the unnecessary acts and incidents for the declaration
or defence of the right; the expense of these acts stand to the account of those who applied for them. The
costs of the other acts referred to in paragraph 1 are paid by the employee or by the
respective person.
3-The employee who gives cause to the cancellation of acts of the proceedings responds to the injury
that results from the cancellation, pursuant to the terms set by the civil liability regime
extracontratual of the State.
Article 449.
Responsibility of the author for the expense
1-When the defendant did not give cause to the action and the non-contest, it is the expense paid
by the author.
2-It is understood that the defendant did not give cause to the action.
a) When the author proposes to exercise a mere potent right, which does not have
origin in any unlawful fact practiced by the respondent and there has been no opposition
of the respondent in regard to the exercise of the right;
b) When the defendant's obligation is only to be won with the citation or after proposal to
action;
c) When the author, munched from a title with manifest executive force, draws on the
declaration process;
56
d) When the author, and may propose special declarative action for compliance
of pecuniary obligations, to appeal the injunction process or to other analogues
provided for by law, opt for recourse to the declaration process;
e) When the author, may soon interpose the review feature, use without
need for the declaration process.
3-Even if the author proposes to exercise a mere potent right, the expense is
paid by the defendant won, when it is of protection to this the purpose of the action.
Article 450.
Breakdown of the costs
1-When the demand of the author or applicant or the opposition of the respondent or defendant were
founded at the time they were either intentioned or deducted and ceased to be
by overdue circumstances to these non-imputable, the expense are rematches
between those in equal parts;
2-It is considered that a change in the circumstances not attributable to the parties occurred
when:
a) The pretension of the author or defendant or opposition of the defendant or applicant if
housees founded in legal provision however amended or revoked;
b) When a reversal of constant jurisprudence occurs in which there is
founded the pretension of the author or applicant or opposition of the defendant or required;
c) When it occurs, in the course of the procedure, the prescription or amnesty;
d) When, in the process of execution, the heritage that would serve as a guarantee to the
creditors if it has been dissipated by fact not attributable to the executed;
e) When dealing with action tendant to the satisfaction of pecuniary obligations and
comes to occur the declaration of bankruptcy of the defendant or executed, provided that, at the date
of the purposeful of the action, it was not foreseeable for the author to be referred to bankruptcy.
3-In the remaining cases of extinction of the instance by impossibility or uselessness
supervenient of the lide, the responsibility for the expense will be borne by the author or
applicant, unless such impossibility or uselessness is attributable to the defendant or
required, in case this will be the one responsible for the totality of the costs.
4-It is considered, in particular, that it is attributable to the defendant or required of uselessness
supervenient of the lide when this decorate of the voluntary satisfaction, on the part of this,
57
of the claim of the author or applicant, outside the cases provided for in paragraph 2 of the article
previous and save if, in the event of an agreement, the parties acces the apportionment of the expense.
Article 451.
Costs in the case of confession, desistance or transaction
1-When the cause ends up by quitting or confession, the expense is paid by the party
that quitting or confessing; and, if the forfeittance or confession is partial, the
liability for the expense is proportional to the part of which has given up or that if
confessed.
2-In the case of transaction, the costs are paid on a half, unless otherwise agreed, but
when the transaction is made between an exempt or dispensed part of the payment of
costs and another does not exempt nor waived, the judge, heard the Public Prosecutor's Office,
will determine the ratio at which the expense is to be paid.
Article 452.
Costs due to ancillary intervention and assistance
1-The one whose intervention in the cause is accepted and shall assume the quality of assistant
will be responsible, if the assisted decay, for the payment of costs on the terms
defined in the Regulation of Procedural Costs.
2-In the cases of intervention by the Public Prosecutor's Office, it is only due to the cost when
this does not benefit from a special exemption for an eventual intervention
as the main part in the identical contested issue.
Article 453.
Expense of the cautionary procedures, the incidents and the notifications
1-A The rate of fairness of the cautionary procedures and those of the incidents is paid only
by the applicant, being met, the final, in the respective action; and there is opposition, the
value to meet in the main action is calculated at double.
2-A The rate of fairness in the early proof production process is paid by the
applicant and serviced in the action that is in the meantime proposed.
3-A The fairness rate of avulate notifications is paid by the applicant.
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Article 454.
Payment of the fees for the expense
1-The judicial and technical mandators of the winning party may apply for their
credit for fees, expenses and advances is, in whole or in part, satisfied
by the expense that your constituent is entitled to receive from the beaten part.
Article 455.
Guarantee of payment of the costs
The expense of the execution, including the fees and expenses borne by the agent of
execution, apensos and their declarative action leave precypsies of the product of the goods
pawned.
SECTION III
Fines and compensation
Article 456.
Responsibility in the case of bad faith-Notion of bad faith
1-Having litigated in bad faith, the party will be sentenced in fine and in a compensation to the
contrarian part, if this one to ask for.
2-Says litigant of bad faith who, with dolo or gross negligence:
a) Have it deduced pretension or opposition whose lack of foundation should not
ignore;
b) Has changed the truth of the facts or omitted facts relevant to the decision
of the cause;
c) Have practiced serious omission of the duty of cooperation;
d) Have made the process or the procedural means a use manifestly
reprobable, with a view to achieving an illegal goal, to prevent discovery
of the truth, numb the action of Justice or protelate, without serious foundation, the
traffic on trial of the decision.
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3-regardless of the value of the cause and succumbing, it is always admitted to appeal,
in a degree, from the decision that convictions by litigation of bad faith.
Article 457.
Content of compensation
1-A compensation may consist of:
a) On the reimbursement of expenses to which the bad faith of the litigant has thanks the party
contrary, including the honorariums of the mandators or technicians;
b) On the reimbursement of such expenses and on the satisfaction of the remaining losses suffered
by the opposing party as a direct or indirect consequence of bad faith;
The judge will opt for the compensation that he judges most appropriate to the conduct of the
litigant in bad faith, fixing it always in the right amount.
2-If there are no elements to set right in the sentence the importance of the
compensation, will be heard the parties and shall fix themselves afterwards, with prudent arbitrium, the
that it appears reasonable, and may reduce to the fair limits the expenditure monies and
of honorariums presented by the party.
3-The fees are paid directly to the mandatary, unless the party shows that the
your patron is already pocketed.
Article 458.
Responsibility of the representative of incapable, legal persons or societies
When the party is an incapable person, a legal person or a society, the
liability of the costs, the fine and the indemnity falls on your representative
that is in bad faith in the cause.
Article 459.
Responsibility of the representative
When it is recognized that the mandatary of the party has had personal and direct responsibility
in the acts by which the bad faith in the cause has been revealed, knowledge will be given to the fact to the
Order of Lawyers or the House of Solicitors, so that these can apply the
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respective penalties and convict the mandatary in the share of the costs, fine and
compensation that seems fair to them.
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ANNEX II
(As referred to in Article 7)
It is republished the Book XI of the Code of Criminal Procedure:
Book XI
From Responsibility for Costs
Article 513.
Liability of the accused at the expense
1-There is only place for the payment of the fee when conviction occurs in 1 th instance and
total decay in any resource.
2-By the trial in 1 th instance, when the accused is assisted by defender
officious, is only due rate of justice when there is conviction to the payment of fine,
sentencing in penalty of not deprivation of liberty or suspended sentence.
3-The accused is convicted in a single charge of justice, yet answer by several
crimes, as long as they are adjudicated in one process.
4-A conviction in rate of justice is always individual and the respective quantitative is
fixed by the judge, the final, in the terms provided for in the Regulation of Costs
Procedural.
Article 514.
Liability of the accused for charges
1-Unless there is judicial support, the convicted defendants are responsible for the
payment, the final, of the charges to which your activity has been given place.
2-If they are several defendants convicted in a justice fee and not possible
individualize the responsibility of each of them for the burdens, this one is sympathetic
when the charges result from a common and joint activity on the rest
cases, unless another criterion is fixed in the decision.
3-If the assistant is also convicted in the payment of fee for justice, the
liability for charges that cannot be charged to the simple
activity of one or the other is rematch by both of them equally.
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Article 515.
Responsibility of the assistant at the expense
1-It is due rate of justice by the assistant in the following cases:
a) If the accused is acquitted or is not uttered by all or by some
constant crimes of the charge that there is deducted;
b) Whether to decay, in whole or in part, in an appeal that there is interpost or in which
has made opposition;
c) [ Repealed ];
d) If you do end the process by dismissal or unwarranted abstention from
accuse;
e) [ Repealed ];
f) If it is rejected, in whole or in part, charge that there is deducted.
2-Havendo several assistants, each pay the respective fee for justice.
3-A The rate of justice is set in the terms of the provisions of the Costs Regulation
Procedural.
Article 516.
Archiving or suspension of the process
It is not due rate of fairness when the process has been filed or suspended in the
terms of Articles 280 and 282.
Article 517.
Cases of exemption from the assistant
The assistant is exempt from the payment of justice fee in the cases:
a) Where, for supervent reasons to the charge that there is deducted or
with which if it has conformed and that it is not attributable to it, the accused
is not pronounced or is acquitted; or
b) From Article 287 (3)
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Article 518.
Responsibility of the assistant for charges
When the procedure depends on particular charge, the assistant sentenced in
fee paid also the charges to which your activity has taken place.
Article 519.
Fee due by the constitution of assistant
1-A The constitution of assistant gives way to the payment of justice fee, in the terms
set in the Rules of Procedural Costs.
2-[ Revoked ].
3-In the case of death or failure of the assistant, the payment of the fee already made
take advantage of those who present themselves in their place, in order to continue the
assistance.
Article 520.
Liability of whistleblower
Pay also costs the whistleblower, when he shows himself that he has denounced in bad faith or with
gross negligence.
Article 521.
Special rules
1-In practicing any acts in criminal procedure is applicable the provisions of the Code of
Civil procedure when the conviction in the payment of sanctionatory fee
exceptional.
2-When dealing with acts carried out by person who is not subject to criminal procedure
and are in cause conduits that dulls the progress of the process or
imply the substantial disposition of time and means, may the judge condemn the
touted to the payment of a fee set between 1 UC and 5 UC
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Article 522.
Exemptions
1-The Public Prosecutor's Office is exempt from the expense.
2-[ Revoked ].
Article 523.
Costs in the cable order
Liability for costs relating to the application for civil damages are
applicable the standards of the civil procedure.
Article 524.
Subsidiary provisions
It shall be in a subsidiary applicable to the provisions of the Rules of Procedural Costs.
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ANNEX III
(As referred to in Article 19)
REGULATION OF PROCEDURAL COSTS
Title I
General Provisions
Article 1.
General rules
1-All processes are subject to cost, in the terms set by the present
Regulation.
2-By processes shall mean, in particular, the actions, incidents, procedures
caucuses and resources.
Article 2.
Scope of application
This Regulation applies to proceedings that run on the Tribunal
Constitutional, in the judicial courts and in the administrative and tax courts.
Title II
Procedural Costs
Article 3.
Concept of Costs
1-The procedural costs cover the rate of fairness, charges and part expense.
2-The fines are always set in an autonomous way and follow the scheme of the present
Regulation.
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Article 4.
Exemptions
1-Are free of cost:
a) The Public Prosecutor's Office in the processes in which it acts on its own behalf in the defence
of the rights and interests entrusted to it by law, even when
intervenes as an ancillary party and in the executions for costs and fines
procedural, fines or criminal fines;
b) Any person, foundation or association when exercising the right of action
popular in the terms of Article 52 (3) of the Constitution of the Republic
Portuguese and of ordinary legislation that provides for or regulates the exercise
of the popular action;
c) The magistrates and the vowels of the Superior Council of Magistrature who do not
be judges, in any actions in which they are a part by way of the exercise
of its functions, including those of member of the Superior Council of the
Magistrate and judicial inspector;
d) The members of the Government, the Directors-General, the Secretaries-General, the
inspectors-general and equipeted for all legal effects and the rest
leaders and officials, agents and workers of the State, as well as the
in charge of a mission referred to in Article 28 of Law No 4/2004 of 15
of January, whatever the form of the process, when personally
demanded by virtue of the exercise of their duties;
e) The political parties, whose benefits are not suspended;
f) Private not-for-profit legal persons, when they act
exclusively within the framework of its special assignments or to defend the
interests that are specially conferred on it by the respective statute or
in the terms of legislation to be applicable to them;
g) Employees or relatives, in the matter of labour law, when
are represented by the Public Prosecutor's Office or the legal services of the
syndicate, when they are free of charge for the employee, as long as the respective
illiquid income at the date of the proposition of the action or incident or, when
is applicable, at the date of the dismissal, is not greater than 200 UC, provided that,
may, have previously resorted to, without success, to a structure of
alternative dispute resolution;
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h) The minors or their legal representatives, in the appeals of decisions
relating to the application, alteration or cessation of tutelary measures, applied in
processes of jurisdiction of minors;
i) Defendants arrested, subject to pretrial detention or the performance of penalty of
effective imprisonment, when they are entitled to be assisted by officious defender
pursuant to the law of access to law and to the courts, in any
applications or oppositions, in the habeas corpus and in the interposed resources in
1 th instance, as long as the arrest or detention situation holds in the
moment of due payment;
j) The unable, absentee and uncertain when represented by the Ministry
Public or by officiating advocate, even if the proceedings are due in the
Conservatory of Civil Register;
l) The plaintiff and the defendant demanded, in the application for civil damages
presented in criminal proceedings, when the respective value is less than 10
UC;
m) The Automobile Guarantee Fund, in the exercise of the right of subrogation
provided for in the legal regime of compulsory civil liability insurance
automobile;
n) The municipalities, when they propose the judicial declaration of intended cancellation
in the legal regime for the conversion of urban areas of illegal genesis, in
replacement of the Public Ministry;
o) The exequent and the claimants, when they have to deduct complaint from
credits from the tax run and have already paid the justice fee in
cable execution process pertaining to the same credits;
p) Civil or commercial societies, cooperatives and establishments
individual limited liability companies that are in a situation of
insolvency or in the process of recovery of company, pursuant to the law,
save with respect to actions that are for the purpose of disputes concerning the
right of the work.
2-Ficam also exempted:
a) The processes that should run in the Constitutional Court, save the exceptions
provided for in Article 84 of the Law of the Constitutional Court as well as the
incidents in these aroused;
b) The mandatory remittings of pensions;
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c) The urgent administrative proceedings concerning the electoral pre-litigation
when it comes to elections for organs of sovereignty and organs of power
regional or local and the subpoena for protection of rights, freedoms and
guarantees;
d) All the processes that should run in the Court of Enforcement of Penas,
when the reclusive is entitled to be assisted by officious defender on the terms
of the law of access to law and the courts;
e) The processes of settlement and sharing of goods from provident institutions
social and trade union and class associations.
3-In cases provided for in points c) and d) of paragraph 1, the exempted party shall be obliged to the
payment of costs when it is concluded that the acts have not been practiced in
virtue of the exercise of its duties or when it has acted dolefully.
4-In the case provided for in paragraph p) of paragraph 1, the exempted party is responsible for the payment
of the expense, in the general terms, in all actions within which there are
benefited from the exemption, if it submitted an application for insolvency
unfounded, occur desistance of the application for insolvency or be handed down sentence
of dismissation of insolvency.
5-In cases provided for in points b ), f) , g ), n) and o) of paragraph 1 and (1) c) of paragraph 2, the
part isenta is responsible, the final, for the charges to which it gave rise in the process,
when the respective pretension is fully won.
6-The alternative dispute resolution structures referred to in paragraph g) of paragraph 1
would be listed as a member of the Government responsible for the area of justice,
keeping in any case the exemption when the opposing party has rejected it
or demonstrated in a manifest manner its opposition to the alternative resolution of the
dispute.
CHAPTER I
Rate of Justice
SECTION I
Fixing of the Justice Rate
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Article 5.
Account Unit
1-A The rate of justice is expressed with recourse to the procedural unit of account (UC).
2-A UC is updated annually and automatically according to the indexing of the
social supports (IAS), and must meet, for the purpose of, the value of UC concerning
the previous year.
3-The value corresponding to the UC for each process, be it action, execution, incident
or apenso, fixed at the time when the same begins, regardless of the
moment at which the fee should be paid.
Article 6.
General rules
1-A The rate of justice corresponds to the amount due for the procedural thrust of the
interested and is fixed in function of the value and complexity of the cause according to
the Table I-A, published in annex to this Regulation and which it is a part of
member.
2-In appeals, the rate of justice is always fixed in the terms of Table I-B, published
in annex to this Regulation and that it is an integral part of it.
3-When the party delivers the first or only procedural piece through the means
electronic available, the rate of justice is reduced to 75% of its value.
4-The judge may determine, the final, the application of the fairness rate values
constants of Table I-C, published in annex to this Regulation and that of it
it forms an integral part, to the actions and resources that reveal special complexity.
5-In proceedings whose rate is variable, the rate of justice is settled in its value
minimum, owing the party to pay the surplus, if any, the final.
Article 7.
Special rules
1-A The rate of justice in the special processes is fixed in the terms of Table I, save the
cases expressly referred to in Table II, both published in attachment to the present
Regulation and that of it form an integral part.
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2-In appeals, the rate of justice is fixed in the terms of Table I-B and is paid only
by the appellant, being the charged fee charged, the final, the defendant or aggravating that
has a counterclaim, when the latter has been fully or partially won, in the
respective ratio.
3-A rate of justice due for the cautionary incidents and procedures, by the
application for an application for injunction and opposition deduction, by the
anomalous procedures and the executions is determined in accordance with Table II.
4-In the injunction processes, if the procedure follows as action, it is due to
payment of justice fee, within 10 days of the date of distribution,
in the general terms of this Regulation, taking account of the account to the values
paid under the provisions of the preceding paragraph.
5-When the incident or procedure revisits special complexity, the judge may
determine, the final, the payment of a higher value, within the limits
established in Table II.
6-Considerate procedures or anomalous incidents only those that, no
fit in the normal tramway of the process, may be based in articulation or
autonomous application, give rise to the hearing of the opposing party and impose a
jurisdictional appreciation of merit.
Article 8.
Rate of Justice in criminal and counterordinate proceedings
1-A The rate of justice due by the constitution as an assistant is self-settled in the
amount of 1 AU, and may be corrected, the final, by the judge, to a value between 1
UC and 10 UC, taking into consideration the outcome of the process and the concrete
procedural activity of the assistant.
2-A The rate of justice due by the opening of instruction required by the assistant is self
settled in the amount of 1 UC, and may be corrected, the final, by the judge for a
value between 1 UC and 10 UC, taking into consideration the practical usefulness of the instruction
in the overall plotting of the process.
3-For the whistleblower who must pay costs, pursuant to the provisions of Article 520.
of the Code of Criminal Procedure, is fixed by the judge a value between 3 UC and 10 UC.
4-It is only due rate of justice for the impugning of the decisions of authorities
administrative in the framework of counterordinational processes, when the fine does not
71
has previously been settled, the self-settled rate being in the amount of 1 UC,
may be corrected, the final, by the judge, in the terms of Table III, published in
annex to this Regulation and which of it is an integral part, having in
consideration of the severity of the illicit.
5-In the remaining cases, the justice fee is paid for the final, being fixed by the judge having
in view the complexity of the cause, within the limits set by Table III.
Article 9.
Rate of Justice in the proceedings of the Constitutional Court
1-Irrespective of the value of the cause, the rate of justice to be settled in the proceedings does not
exempt that should run in the Constitutional Court comply with the following
criteria:
a) In the resources provided for in Article 84 (2) of the Court's Law
Constitutional, the rate of justice is fixed between 10 UC and 50 UC;
b) In the cases provided for in Article 78-A of the Constitutional Court Act, the rate
of justice is set between 5 UC and 15 UC;
c) In the cases provided for in Article 84 (3) of the Law of the Constitutional Court,
the rate of justice is set between 5 UC and 25 UC;
d) In the complaints, including those of summary decisions, in the argumentation of
nullity and in requests for clarification or reform of decisions, the rate of
justice is set between 10 UC and 40 UC;
e) In the incidents, there included those decided by the rapporteur, the rate of justice is
fixed between 2 UC and 20 UC.
2-In the event of an active or passive plurality of procedural subjects, each party is
responsible for the corresponding rate of justice, provided they present articulated
distinct.
3-In the event of a dismissals of the appeal or the complaint, the rate of justice is reduced to
half of the value that would be fixed to the final.
4-A The rate of justice is fixed by taking into consideration the complexity and the nature of the
process of supervision, the relevance of the interests in question and the activity
developed by the vencent over the same process.
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5-When, where there is conviction at expense, be omitted from the setting of the rate of justice,
this is fixed as follows: at the maximum permissible value subtract the value
minimum, setting the rate in half of the result obtained.
6-In cases provided for in paragraph e) of paragraph 1, the rate of justice shall be fixed at double the value
minimum when it is omitted from the respective fixture at the time of conviction.
7-In exceptional cases, the rate of justice can be reduced by up to 2 UC.
Article 10.
Setting of fees for avulous acts
1-Saved when practiced by enforcement agent who is not official of
justice, for each citation or notification upon personal contact, affixing of
editions or other diligence avulsa, in addition to the expenses of transportation legally
established, is due half of a UC.
2-The citations, notifications, or aFixations of editions, when practiced in the same
location, count as one.
3-The fees due by the issuance of certificates, trassides, copies or extracts are
fixed as follows:
a) Up to 25 pages, the unitary value is one-fifth of a UC;
b) From 26 up to 100 pages, the unit value is half of a UC;
c) Above 100 pages, to the value referred to in the preceding paragraph is
increased one fifth of UC for each set of 50 pages or one
tenth of UC for each set of 25 pages, as the case may be.
4-It shall not apply to the rates of justice provided for in this article the provisions of the article
23.
5-For cases that are not provided for in this Regulation, it is not due to
payment of any fee.
Article 11.
Exceptional sanctionatory rate
The sanctionary rate is fixed by the judge between 2 UC and 15 UC.
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SECTION II
Fixation of the taxable base
Article 12.
General rule
The taxable base for purposes of rate of justice corresponds to the value of the cause, with the
constant hits of Table I, and fixed in accordance with the rules laid down in the law of the
respective process.
Article 13.
Setting of the value in special cases
1-Call for the value shown in Table 1 of Table I-B in the following processes:
a) In proceedings concerning the judicial challenge of the decision on the concession
of the judicial support;
b) In the subpoenas for provision of information, consultation of proceedings or
passing of certificates;
c) In the processes of litigation of social security institutions or
social welfare and union bodies, in the processes for convocation
of general assembly or of the equivalent body, in the processes for declaration of
invalidity of their respective deliberations and complaints of decisions
disciplars;
d) In the resources of acts of conservatives, notaries and other officials;
e) Where it is impossible to determine the value of the cause, without prejudice to
later hits if the judge comes to set a right value;
f) In proceedings whose value is fixed by the judge of the cause with recourse to criteria
undetermined and is not indicated a fixed value, without prejudice to
later hits when it is definitely fixed the value.
2-In resources, the value is that of succumbing when this is determinable, owing the
recurring indicate the respective value in the resource interposition application.
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SECTION III
Liability and payment
Article 14.
Responsible liabilities
1-A The rate of justice is paid in the terms set out in the Code of Civil Procedure,
applying the respective standards, secondarily, to criminal proceedings and
counterordinance, administrative and tax and to the processes that should run in the
Constitutional court.
2-A The rate of justice is paid in full and at one time for each part or subject
procedural, unless otherwise provided by the legislation on support
judiciary.
3-In the actions proposed by commercial companies that have given input into
any court, in the previous year, to 200 or more shares, procedures or
executions, the rate of justice is fixed, for society, according to the I-C Table.
4-The volume of pendant referred to in the preceding number is corresponding to the number
of shares, procedures or executions entries up to December 31 of the year
previous to what is concerned with the new process.
5-Whenever the taxable person is a commercial society, the employee shall
confirm, upon research in the computer system, whether the provisions of the
n. 3, not considering whether to pay the rate of justice, in the event of default of the
taxable person.
6-A The rate of justice is set out in the terms of Table I-B for:
a) The related parties;
b) The intervener who makes his joints from the party to which if
associates with;
c) The assistants in civil, administrative and tax proceedings.
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Article 15.
Opportunity of payment
1-The payment of the rate of justice is up to the time of the practice of the act
procedural to it subject, owing the person concerned to deliver the supporting document
of the payment together with the articulate or application.
2-When it comes to cause that does not import the constitution of the mandatary and the act
is practiced directly by the party, it is only due to payment after notification
of where the 10-day time limit is to be made to make the payment and the cominations to which
the party becomes subject if it does not carry it out.
3-The supporting document of the payment loses validity 90 days after the respective
issuance, if it has not, meanwhile, been presented in judgment, in which case the
interested should apply to the Institute for Financial Management and Infrastructure
of Justice, I. P. the issuance of new proof when it intends to still present-
lo.
4-If the person concerned does not intend to already present the supporting document in judgment,
should apply for the Institute for Financial Management and Infrastructure Justice, I.
P., within 6 months, his / her return, upon delivery of the original or
document of equal value, under penalty of reversion to the said Institute.
Article 16.
Dispensation of advance payment
They are exempted from the prior payment of the rate of justice:
a) The State, including its services and bodies yet personalised,
Autonomous Regions and Local Authorities, when they demand or are
demanded in the Administrative Courts or Taxes, save in matter
contractual and pre-contractual administrative and relative to labour relations with
the officials, agents and workers of the State;
b) The parties that benefit from judicial support in the respective modality, in the
terms set out in special legislation.
c) The defendants in the criminal proceedings or in the habeas corpus and the resources that
present in any courts;
d) The processes that should run in the Constitutional Court.
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CHAPTER II
Charges
Article 17.
Types of charges
1-The costs comprise the following types of charges:
a) The reimbursements to the Institute for Financial Management and Infrastructure-
Justice, I. P.;
i) Of all the expenses by this paid advance payable;
ii) Of the costs with the granting of judicial support, including payment
of fees;
iii) Of the costs with the acquisition of magnetic brackets required by
recording of the evidence;
iv) Of the costs with postal franchises, telephone communications,
telegraphs, by fax or by telematic means;
b) The reimbursements for expenses in advance by the Directorate General of Taxes;
c) The representations made by the security forces, officiously or at
application of the parties;
d) The payments due or paid to any entities by the production or
delivery of documents, provision of services or analogous acts, requisitioned
by the judge the application or officiously, save when it deals with certifing
extracted officiously by the court;
e) The compensations due to witnesses;
f) The payments due to any entities by the passage of certificates
required by procedural law, when the responsible party benefits from support
judiciary;
g) The expenses resulting from the use of public deposits;
h) The retributions due to those who have accidentally intervened in the process;
i) The costs of transport and cost aid for representations to the
process in question.
2-The values charged under the preceding paragraph immediately reverses in favour
of the entities that they are entitled to.
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Article 18.
Fixed remunerations
1-The entities that intervene in the processes or which co-adjuate in any
détails, save the technicians who assist the lawyers, are entitled to the
compensation provided for in this Regulation.
2-A remuneration of experts, translators, interpreters and technical consultants, in
any process is carried out pursuant to the provisions of Table IV, published in
annex to this Regulation and that it is an integral part of it.
3-When the rate is variable, the remuneration is set at one of the following
modalities, taking into consideration the type of service, uses of the market and the
indication of the interested:
a) Remuneration as a function of the service or displacement;
b) Remuneration as a function of the fraction or number of pages of
opinion, peritage or translation.
4-Unless special provision, the amount due to the witnesses in any proceeding is
fixed in the terms of Table IV.
5-In medical expertise, doctors and their respective auxiliaries are remunerated by
each examination in the terms set in a diploma of its own.
6-The remuneration of services provided by institutions in accordance with the provisions of
in Article 861-A of the Code of Civil Procedure shall comply with the following:
a) One fifth of UC when they are seized bank account balances or
existing securities on behalf of the executed;
b) A tenth of UC when there are no balances or values in the name of the executed.
7-A remuneration provided for in the preceding paragraph is reduced to half when they are not
used electronic means between the executing agent and the institution.
Article 19.
Transportation expenses
1-In the representations carried out outside the court are paid to the magistrates and
officials the expenses with the displacement, if it is not put to your
provision a means of transport.
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2-The means of transport to be used are determined by the Judge President of the section,
when you treat yourself as a magistrate, or by the secretary of justice, when you treat yourself to
employee, with a preference for public collective transport.
3-If magistrates or officials use, in exceptional title, own vehicle,
are compensated in the general terms provided for by the law.
4-The expenses referred to in this Article shall be counted as charges and
imputed to the part that required diligence.
Article 20.
Advance of charges
1-When the party benefits from exemption from expense or legal support, the charges
are always in advance by the Institute of Financial Management and Infrastructure of the
Justice, I. P.
2-The expenses motivated by the provision of technical instruments of support to the
courts, on the part of the Directorate-General for Social Reinsertion, when they cannot be
soon paid by the applicant, are advanced by the Institute of Financial Management and the
Infra-studies of Justice, I. P., even when there is filing of the proceedings.
Article 21.
Advance payment
1-Whenever the need for payment of equal charges is foreseeable or
superior to two UC, in the face of planned or required representations, the requesting Party
or interested is notified to make the payment of the respective amounts
before the representations are carried out, save when that exemption from exemption of
cost or of judicial support.
2-When the requesting party or the interested party benefits from exemption from cost or
judicial support, the expenses for third parties are advanced by the Institute of
Financial Management and the Infrastructure of Justice, I. P.
3-Should the payment to third entities be advanced by the Institute of Management
Financial and the Infrastructure of Justice, I. P., and the applicant or interested party
does not benefit from exemption from expense or legal support, it is the same notified
to pay the amounts in debt.
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4-The holders of credits derived from procedural actuations may claim them from the
part that should satisfy them without waiting for the process to end,
regardless of the later cost decision.
5-The amounts paid in accordance with this standard count as expenses of the party
winner when it was this one to liquidate them.
Article 22.
Intercalar payments
Out of the cases provided for in the preceding paragraph, charges are counted officially
by the secretion as soon as its accumulated amount reaches a value equal to or greater than
four UC, being the party responsible for the same, as long as it does not benefit from exemption
of costs or of judicial support, notified to proceed to the respective payment.
Article 23.
Conversion of the paid justice fee
1-The values due to justice rate title, when paid in advance, are
converts in advance payment of charges, pursuant to the numbers
following.
2-Is converted the value fully paid for the title of justice fee in the following
cases:
a) In the actions of simplified civil procedure, in the special actions for satisfaction
of pecuniary obligations, in the declarative actions arising from injunction
or analogues;
b) In the actions in which the parties carry out transaction immediately after the phase
of the joints or before designated day for the hearing, depending on the cases;
c) In the actions in which the dismissals of the instance are found soon after the phase of the
articulated or before designated day for the hearing, depending on the cases,
by force of the supervenient feature to extrajudicial resolution processes of
disputes;
d) Executions that cease for voluntary payment within the forecast period
for the opposition to the execution or within the time frame provided for the opposition to the
attachment when this is held prior to the citation;
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e) In the tax proceedings, with respect to the fee paid by the impuriant, in
case of dismissal in the legal period after partial revocation of the tax act
impugned;
f) In the processes of voluntary jurisdiction, in the matter of family law;
g) In the stocks with deferred ascent that do not reach up by disinterest or
dismissals of the appellant;
h) In the resources when they have not been together counterclaims, when the
appellant see dewound to your claim.
3-It is converted half of the value paid for the title of justice fee in the following cases:
a) In the actions that do not behave citation of the defendant, opposition or hearing of
trial;
b) In the actions terminating before offered by the opposition or in which, due to the
your foul, be handed down sentence, yet preceded by allegations and in the
actions terminating before the designation of the final hearing;
c) In the actions in which the simplification measures are adopted by the Parties
rules of procedure specially provided for by law;
d) In the extinct executions after the expiry of the representations preceding the penhour
without paying or indicating goods to the attachment;
e) Inventories in which there are no sharing operations or terminating before the
stage of the conference of stakeholders;
f) Authorizations or confirmations of acts of incapable, authorisations to divest
or burdening goods from the absentee, divisions of common thing, installment of accounts of
head-of-a-couple and similar processes in the dependence of processes of
unable, when there is no representation by the Public Prosecutor's Office;
g) Deposits and withdrawals;
h) Remand, lapse and update of pensions;
i) Reviews of disability or pension;
j) Actions for the convening of general assemblies or equivalent bodies and
impugning of its deliberations and complaints of disciplinary decisions by
associates of provident institutions or union bodies;
l) In the resources judged deserts or when they end up before the phase of
trial;
m) In the resources that rise along with recourse of a penal nature;
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n) In the special administrative actions in which there is no place the hearing
public,
o) In the mass processes suspended in the terms set out in the Code of Procedure
in the Administrative Courts;
p) In the processes of pre-contractualant litigation;
q) In the conflicts of competence;
r) In tax runs that fall within the jurisdiction of the tax courts of
1 th instance, pursuant to the Code of Procedure and the Tributary Process.
4-It is still converted a third of the value paid for the rate of justice fee, when the part
delivered in judgment all the procedural parts by the available electronic means,
without prejudice to the provisions of Article 5 (3)
5-The converted value exceeding the amounts already ascertained in the title of charges,
it remains as credit in the expense account, being returned to the party that presaged it,
after the traffic on trial and from salgiven all your debts to the process, if not
is meanwhile intended for the payment of charges or part expense.
6-The excess value referred to in the preceding paragraph, should it be returned to the party
winner, is always deducted from the amount of part expense to be borne by the party
won.
7-When there is a waiver of prior payment, the party is only obliged to pay:
a) The values due for charges, when dealing with the cases provided for in the
n. 2;
b) The values due to be increased charges of 50% of the due value
by the rate of justice when it comes to the cases provided for in paragraph 3.
8-The reimbursements due under this article are made by the Institute of Management
Financial and the Infrastructure of Justice, I. P.
9-By porterie of the member of the Government responsible for the area of Justice, they may be
predicted alternative mechanisms of implementation of benefits or imposition of
sanctions relating to the procedural costs, with respect to the use of means
electronic and in the use of alternative dispute resolution instruments.
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Article 24.
Lack of payment
Should the charges not be paid in the terms set out in Article 21 (1) and (3) and in the
article 22, the values in debt are imputed in the account of the expense of the responsible party
by the payment, increased from a value equivalent to 25% of the amount due.
Article 25.
Imputation in the expense account
1-Charges are always charged in the expense account of the part that is by them
responsible, even if this benefits from judicial support.
2-In the end, charges are charged in the expense account of the party or parties that
were in them condemned, in the proportion of the conviction.
CHAPTER III
Expense of Part
Article 26.
Justification note
1-Up to five days after transit on trial or after notification that it has been obtained
the entire product of the attachment, depending on the cases, the parties that are entitled
the expense of part referred to the court and to the party won the respective note
discriminative and justification.
2-Should appear in the note justifying the following elements:
a) Indication of the party, the process and the mandatary or the executing agent;
b) Indication, under autonomous heading, of the amounts actually paid by the party
the title of the rate of justice;
c) Indication, under autonomous heading, of the amounts actually paid by the party
the title of charges or expenses previously borne by the agent of
execution;
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d) Indication, under autonomous heading, of the amounts paid for the title of honorariums of
mandated or executing agent, save when the amounts in question
are higher than the value indicated in paragraph 3 (c) of Article 27;
e) Indication of the value to be received, under the terms of this Regulation.
Article 27.
Regime
1-The expense of part integrs in the scope of judicial conviction for costs, save
when dealing with the cases provided for in points b) and c) of Article 446 (2) and of the
article 450 of the Code of Civil Procedure.
2-The expense of part is paid directly by the party won to the party that is
accrediting, save the provisions of Article 454 of the Code of Civil Procedure.
3-A The party won is convicted, under the terms set out in the Code of Civil Procedure, to the
payment of the following values, in the title of part expense:
a) the rate values of justice paid by the party won;
b) the values paid by the winning part to be charges;
c) 50% of the summation of the justice fees paid, initially, by the
part won and by the winning part, for compensation from the party
winner face the expenses with fees from the mandatary
judicial or the enforcement agent.
4-In the summation of the rates of justice referred to in the preceding paragraph they account for
also the rates of the procedures and other incidents.
5-The value referred to in para. c) of paragraph 3 is reduced to the value shown in the paragraph d) from the
n Article 26 (2) when the latter is lower than that.
CHAPTER IV
Fines
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Article 28.
General provisions
1-Where in the procedural law it is provided for conviction in fine or penalty of
some of the parties or other actors without showing the respective
amount, this can be set in an amount between half UC and five UC.
2-In exceptionally serious cases, unless it is another legal provision, the fine or
penalty can ascend to a maximum amount of 10 UC.
3-The amount of the fine or penalty is always fixed by the judge, having in
consideration of the reflections of the violation of the law in regulating the process and in the
correct decision of the cause, the economic situation of the agent and the repercussion of the
condemnation in the heritage of this.
4-A part of it may not be simultaneously condemned, by the same procedural act, in
fine and in exceptional sanctionatory rate.
5-From conviction in fine, penalty, or exceptional sanctionatory rate outside the
legally permissible cases are always recourse, which, when deducted
autonomously, is presented in the five days after the notification of the dispatch that
condemned the party to a fine or penalty.
Article 29.
Payment
1-Unless otherwise stipulated, fines are paid within 10 days after the
traffic on trial of the sentencing decision.
2-When the fine is to be paid by party that has not constituted mandatary
judicial or mere intervener in the process, the payment is only due after
written notification of where they build the payment term and the cominations
due to the lack of the same.
3-Not being paid the fine after the deadline set, the respective amount transits, with a
addition of 50%, to the expense account, and must be paid the final.
4-Irrespective of the benefits granted by the exemption of costs or support
judiciary or salary in the cause, fines are always paid by the party that the
motivated.
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Title III
Settlement, payment and execution of the costs
CHAPTER I
Account of costs
Article 30.
Opportunity of the account
1-A The expense account is elaborated in a continuous way, throughout the process, in the office
corresponding to the court that worked in 1. th instance in the respective proceedings,
being carried out the respective balance sheet after the transit on trial or at the
getting the totality of the product from the penhour, depending on the cases.
2-When the case subs to the higher courts, by way of appeal, the expenses that
arise after you accept the feature and until the process lowered again to the 1 th instance,
are processed by the secretaries of the respective top court.
3-In addition to cases in which the judge determines him or the parties to require
fundamentedly, the section carries out a provisional balance sheet of the cost account
whenever:
a) The process has been stopped for more than three months because it is attributable to the parties;
b) The execution should be remitted to the insolvency proceedings.
4-In the provisional account do not include the part expense.
5-A The elaboration and processing of the account are regulated by the porterie of the
member of the Government responsible for the area of Justice, and may be approved other
forms of processing and elaboration of the same.
Article 31.
Account
1-A The definitive account covers all the expense of the main action, incidents, resources and
anomalous procedures.
2-One shall elaborate on one account for each procedural subject responsible for the expense.
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3-A account is processed by the section of the process, through the computer media
planned and regulated by the office of the Member of the Government responsible for the
area of Justice, obeying the following criteria:
a) Breakdown of the amounts already paid by the party to the title of justice fee and
charges;
b) Breakdown of movements carried out on account of the conversion of the rate of
justice, where appropriate;
c) Breakdown of reimbursements due to the Institute of Financial Management and the
Infra-studies of Justice, I.P. or payments due to other entities or
services;
d) Breakdown of amounts due on account of fines and other penalties;
e) Breakdown of amounts referring to the payment of fines and costs
administrative due for the instruction of counterordinance processes;
f) Indication, where appropriate, of the amounts to be returned to the party;
g) Indication of the total amount to be paid, when there is, date and signature of the
responsible for the elaboration of the account.
4-The balance sheet of the account shall be carried out in the 10 days after the verification of
any of the circumstances referred to in the previous article.
Article 32.
Reform and Complaint
1-A account is always notified to the Public Prosecutor's Office, to the mandators and agents of
execution of all parties, when there is, or to the parties themselves when there is no
mandated, and to the party responsible for the payment, so that, within 10 days,
ask for the reform, complain about the account or carry out the payment.
2-Any procedural intervener can ask for the reform of the expense account up to 5 days
upon receipt of any amounts.
3-When presented by the responsible for the payment, the complaint of the account
of costing is always subject to the immediate deposit of 50% of its value, discounted
the expense of part.
4-Officially or upon application, the secretary of justice, or who the
substitutes, proceeds to the reform of existing material errors in the account, after which the
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interested party can only, in the later five days, complain to the judge, without
more resource possibilities.
5-Out of the cases referred to in the preceding paragraph, of the decision handed down by the judge at the head office
of claim is to appeal to a degree, if the amount of the costs exceeds the value of
50 UC.
CHAPTER II
Payment
Article 33.
Voluntary payment
1-Payments arising from this Regulation are made, preferentially,
through the available electronic means, being compulsory payment by way
electronic when dealing with legal persons or, in any case, when if
handle amounts higher than 10 UC.
2-Payments made by electronic form consider themselves to be made with the junction to
receipt process that attests to the transfer of value equal to or greater than the value in
debt.
3-The payments or returns that should be made by the court, operate by
bank transfer whenever the party, procedural subject or other intervener
indicate the respective bank identification number, being such a procedure
compulsory for legal persons.
4-The person responsible for costs or fines that has some deposit to the order of any
court may apply, within the time of voluntary payment, that of it to rise to
amount required for the payment.
5-When the deposited amount does not appear sufficient, the responsible may
submit the application referred to in the preceding paragraph as long as you proceed to
payment of the missing amount.
6-The forms of payment of court costs are regulated by the porterie of the
member of the Government responsible for the area of Justice.
88
Article 34.
Phased payment
1-When the value payable is equal to or greater than three UC, the responsible may
require, substantiated, the phased payment of the costs, aggravated by 5%,
in accordance with the following rules:
a) The payment is made in six successive monthly installments, not less than
half UC, if the total value does not surpass the amount of 12 UC, when it is treated
of a natural person, or the amount of 20 UC, treating themselves from a legal person;
b) The payment is made in 12 successive monthly installments, not less than
a UC, when the values referred to in the preceding paragraph are exceeded.
2-The responsible to whom the benefit of the phased payment of the costs has been granted
referred to the court, within the time of the voluntary payment, a plan of
payment that respects the rules provided for in the preceding paragraph and carries out the
payment of the first instalment after notification of your approval.
Article 35.
Default and right of retention
1-Passed the deadline for voluntary payment without being paid the expense, and
not having been lodged with a complaint or until this is the target of a decision
transitioned on trial, the court has the right to retain any good in its possession or
amount deposited to your order that:
a) Provenha of escrow deposited by the responsible for the expense;
b) Provence de arresto, consignment in deposit or similar mechanism,
relating to goods or amounts of which you hold the person responsible for the costs;
c) Provenha of consignment, sale or remand relative to pawned goods that
were the property of the responsible for the expense;
d) It should be delivered to the responsible for the expense.
2-Verified the default or carried out on trial the decision to which the
previous paragraph, and when it deals with amounts deposited with the order of the court, it has
this faculty of making themselves pay directly for the same, according to the
following order of priority, unless otherwise provided:
a) Rate of justice at fault;
89
b) Reimbursements to the Institute for Financial Management and the Infrastructure of Justice,
I. P.;
c) Credits of the State;
d) Reimbursements to other entities by force of collaboration or intervention in the
process, including the fees and expenses supported by the agent of
execution, which is not official of justice.
3-On the totality of the amounts counted, with the exception of fines, focus on interest
of lives at the maximum legal rate.
4-Whenever the amounts available for the payment of the expense are afflicted
insufficient, and carried out the payments referred to in points a) a c) of paragraph 2 of the
previous article, the remnant is prorated by the remaining creditors referred to therein and,
being a case of this, by the other creditors who are recognised in sentence.
CHAPTER III
Execution
Article 36.
Execution
1-Not having been possible to obtain the payment of the costs according to the articles
previous, is delivered certificate of the settlement of the expense account to the Ministry
public, for executive purposes, when it concludes by the existence of goods
pencilable.
2-A certificate of liquidation, together with the sentence carried on trial, constitutes
executive title as to the totality of the expense discriminated therein.
3-When it deals with costs relating to avulous acts that do not come,
predictably, to be integrated into any process, is issued by the secretive certifying
of autonomous settlement, with own executive force, to which it serves as a support to
execution to be implemented by the prosecutor's office.
4-The Public Prosecutor's Office only instators the execution when they are known goods
pendants of the debtor who are afflicted enough in the face of the value of the execution,
refraining from it to be established when the debt is of less than the costs of the
activity and the likely expenditure of the execution.
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5-When, being in progress the execution, if it occurs that the executed does not have more
pencilable goods and that the already pawned are not sufficient for the payment of the
costs, the judge, the application of the Public Prosecutor's Office, waives the contest of
creditors and sends to the immediate liquidation of the goods to be paid the
costs.
6-Checking that the executed does not have goods, is the execution immediately
filed, without prejudice to resume as soon as they are known goods of their own.
7-Compete to the Public Prosecutor's Office to promote execution at cost face to debtors
sedeed abroad, pursuant to the provisions of Community law
applicable, upon obtaining European Executive Title.
Article 37.
Cumulation of executions
1-Instaura-if always one only run against the same responsible, yet they are
various processes or apensos with costs in debt, provided that the executions
can run simultaneously.
2-Being several non-sympathetic persons, an execution is instituted against
each of them.
3-When the winning part intries execution at the expense of part against the
responsible for the expense, the one is attached to the execution at the expense brought by the
Prosecutor's Office, in any state of the process, provided that none of the
executions are already extinct, even though they are not checked the requirements
provided for in articles 53 and 54 of the Code of Civil Procedure.
4-When against the same person responsible are pending or should be proposed, in the
same court, several executions at the expense, should the same be attached to a
only process, save if any of them already find themselves in the phase of the sale or if the
apensation brought serious inconvenience to the good procedural plotting.
Title IV
Final provisions
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Article 38.
Prescription
1-The credit for costs and the right to the return of amounts deposited to the order of
any processes prescribe within five years, from the date on which the
holder has been notified of the right to apply for the respective devolution, unless there is
provision to the contrary in special law.
2-Archived to be carried out in accordance with the provisions of Article 36 (6), the deadline
prescriptional counts as of the date of the filing.
3-A devolution of amounts deposited to the order of any processes integrates the
interest that has been won at the minimum legal rate, from the date of the deposit to the
date referred to in the preceding paragraphs.
Article 39.
Responsibility of the State for Costs
1-The procedural costs, fines and interest of late payment due by any entities
public, are borne directly by the service to which it belongs to the organ which, from
agreement with the respective sphere of competences, gave rise to the cause by understanding itself
as such the one that:
a) Which withdraws direct usefulness or in which the injury derived from the
provenance of the action; or
b) A which is attributable to the challenged legal act or on which it falls the duty of
practice legal acts or observe the intended behaviours
2-When there are several services that gave rise to the cause, it is incumbent on the registry-
general of the ministry or, when they belong to different ministries, to the general secretariat
of the one which first figure in the organic law of the Government in force at the moment
of the liquidation, proceed to payment, without prejudice to the right of return,
calculated as a function of the division of the total value of the costs by the number of services
involved.
3-The payment of costs, of procedural fines or of late payment interest concerning
judicial proceedings that have for the subject acts of the members of the Government
prowounded in the scope of administrative resources competes with the services that
practiced the decision resorted to.
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4-When the responsible entity in the terms of the previous figures does not possess
legal personality, the costs are borne by the legal person who exercises
tutelage on the one or to whom it is entrusted with the financial management of the said entity
5-A liability for procedural expense, fines and late payment interest dewound to the
services of the ministries and provided for in the previous figures is independent of the
legal prediction, in their respective statutory laws, of own revenue.
Article 40.
Fate of procedural costs
The fate of the procedural costs is fixed by porterie of the members of the Government
responsible for the areas of Finance and Justice.
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From the Rules of Procedural Costs
TABLE I
(Table to which Articles 6, 7, 12 13 and 14 of the Cost Regulation are referred to
Procedural)
Value of action (EURO) Rate of Justice (UC) 1
The
Art. 6 Para. 1 RCP
B
Arts. 6 paragraph 2, 7, para. 2 and
13 Para. 1, 14, para. 6
RCP
C
Arts. 6 para. 4 and 14 para. 3
RCP
1 Up to € 2,000.00 1 0.5 2
2 € 2,000.01 a 8,000.00 2 1 4
3 € 8,000.01 a 16,000.00 3 1.5 6
4 € 16,000.01 a 24,000.00 4 2 8
5 € 24,000.01 a 30,000.00 5 5/2/2010
6 From 30,000.01 a to 40,000.00 3/6/2012
7 € 40,000.01 a 60,000.00 7 5/3/2014
8 From 60,000.01 a to 80,000.00 4/8/2016
9 € 80,000.01 a 100,000.00 9 5/4/2018
10 From 100,000.01 a to 150,000.00 5/10/2020
11 From 150,000.01 a to 200,000.00 6/12/2024
12 From 200,000.01 a to 250,000.00 7/14/2028
13 € 250,000.01 a 300,000.00 15 5/7/2030
14 From 300,000.01 a to 350,000.00 8/16/2032
15 From 350,000.01 a to 400,000.00 9/18/2036
16 From 400,000.01 a to 600,000.00 10/20/2040
17 A from € 600,000.01 20 a 60 10 a 20 60 a 90
1 Applicable to each part or set of procedural subjects.
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TABLE II
(Table referred to in Article 7 (1), 3 and 5 of the Regulation)
Incident / Procedure / Execution Rate of Justice
(UC)
Cautionary Procedures
Up to € 300,000.00 3
Procedures of higher value to
€ 300,000.01
8
Procedures of special complexity 9 a 20
Provisional restitution of possession /Interim /Arbitration of
provisional repair / Provisional regulation of payment of amounts
1
Urgent administrative proceedings (Articles 97 and 100 of the CPTA) 1
Challenge of cautionary procedures adopted by the administration
tax / Impugation of autoliquidation acts, tax replacement and
payments on account
2
Incident of intervention
major or ancillary provoked
of third parties and opposition provoked
Up to € 300,000.00 2
Shares of higher value a
€ 300,000.01
4
Incidents / Anomal Procedures 1 a 3
Incident value check incident / Early production of proof 1
Execution / Complaint of
credits
Up to € 300,000.00 2
Higher than € 300,000.01 to 4
With execution agent that is not
officer of justice
1
Opposition to the execution or the
penhora / Third party Embargos
Up to € 300,000.00 3
Runs of higher value a
€ 300,000.01
6
Incidents of special complexity 7 a 14
Injunction and
opposition to the injunction
Values up to € 5,000.00 0.5
From 5,000.01 a to € 15,000.00 1
From € 15,000.01 to 1.5
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TABLE III
(Table referred to in Article 8 n. the
4 and 5 of the Regulation)
Procedural Act Rate of Justice
(UC)
Particular Charge 1 a 3
Application for opening statement by the defendants 1 a 3
Feature of pronunciation dispatch 1 a 5
Feature of the dispatch of non-pronunciation 3 a 6
Contestation / Opposition Common process 2 a 6
Special processes ½ to 3
Conviction in 1 th instance without
contestation or opposition
Common process 2 a 6
Special processes ½ to 2
Appeal to the Court of Relation 3 a 6
Appeal to the Court of Relation (art. 430. of the CPP) 4 a 8
Appeal to the Supreme Court of Justice 5 a 10
Complaints and requests for rectification 1 a 3
Jurisprudence fixation features (articles 437 and 446 of the CPP) 1 a 5
Review feature 1 a 5
Judicial challenge in counterordinational proceedings 1 a 5
TABLE IV
(Table referred to in Article 18 (2), 4 of the Regulation)
Category Remuneration by service /
displacement (A)
Remuneration for fraction / page
(B)
Experts and peritages 1 UC to 10 UC (service) 1/16 UC (page)
Translations __________ 1/20 from UC (page)
Interpreters 1 UC to 2 UC (service) __________
Witnesses 1/12 of UC (dislocation) __________
Technical consultants 1 UC to 10 UC (service) 1/16 UC (page)