1

PROPOSED LAW NO. 121 /X

Exhibition of Motives

Decorations approximately two and a half years since the entry into force of Law No. 34/2004, of

July 29, which changed the access regime to the right and the courts with the aim

essential to make the procedure for granting legal protection more rigorous and

strengthen the component of legal information and consultation, it was understood to be appropriate

proceed to the assessment of that regime, identifying and introducing the carected aspects

of improvement or alteration.

One of the central objectives of the present amendment is to strengthen the effective access

to the right and to the courts, right this constitutionally enshrined. In this sense,

opts, on the one hand, for the clarification of the concept of economic insufficiency

introduced with the Act No. 34/2004 of July 29, which passes express reference

to the objective elements, relating to the applicant and to their household, which are

today weighted to the calculation of the relevant yield for protective purposes

legal-specifically, the income, heritage and permanent expenditure of those

-and, on the other hand, by the review of the criteria for appreciation of that insufficiency

upon raising the reference values of the relevant income for the purpose of

legal protection and accounting for the number of elements of the household,

by way of making it fairer, thus allowing for the extension of the concession of

legal protection.

It is also carried out in an effort to recognize the particular relevance of the right

of access to law and the courts, to the transposition of the criteria of appreciation of the

economic insufficiency, to the present plasmates in annex to the law, to the articulate of the

same, and of the criteria that concretize the concept of relevant yield for purposes

of legal protection, to the present enshrined in the Portaria No. 1085-A/2004 of 31 of

August, for the attachment of that, thus subjecting such options to the latter's decision

of representational sovereignty of all citizens.

In response to the need to streamline, simplify and promote the quality of the

sponsorship and officious defence, opens the way for the introduction of new rules

relating to the admission of forensic professionals to the system of access to law,

appointment of patron and defender and payment of the respective compensation. Thus,

2

is expected to regulate, specifically, the model of recruitment and selection of the

forensic professionals who ensure the quality of services provided, from participation

of lawyers, lawyers-trainees and solicitors in the system of access to law and law

possibility of the appointment of the forensic professionals being held for batches of

processes and avulate representations. It will also be the subject of regulation the

remuneration system for forensic professionals, intending to ensure that this guarantee

a speedy tramway of payments and promote the out-of-court settlement of disputes.

It is created, outrossim, on par with the free legal consultation that integrates, to the present, the

legal protection, a legal consultation subject to the prior payment of a fee, of

who will be able to benefit the applicant who, on the grounds of the relevant income for purposes

of established legal protection, have the right to legal support in any of their

modalities, but not free legal consultation. It is intended, in this way, to guarantee the

provision of cost-effective legal advice to all citizens whose situation

economic justifies the allocation of legal protection.

Also in line with the strengthening of access to law and the courts, it is devoting itself to

possibility of the legal consultation, free of charge or subject to payment of fee, be

provided either in legal consultation offices, or in the offices of lawyers who

participate in the system of access to the right, in a logic of promoting a greater

coverage of the national territory, effectively approaching the citizen of the right.

Judicial support, in turn, goes on to apply also in resolution structures

alternative of disputes, in addition to the judgments of peace, under conditions to be regulated by

would pore.

With respect to legal information, and recognizing the key role of the State

in the clarification to the citizen, commits to the Ministry of Justice, in collaboration with

the interested entities, the duty of their provision.

Legal protection, in its modalities of legal consultation and judicial support, is

also the subject of reweighting, in the sense of the clarification of its scope and

procedure.

Thus, in addition to the targeted intervention for the strengthening of the right of access

to the right and to the courts, mentioned above, it is explained that the legal consultation if

is intended for technical clarification of the applicable law, and there may be

extrajudicial representations for resolution of the conflicts. In contrast, it is deleted to

legal consultation for prior assessment of the non-existence of legal grounds of the

pretension for the purpose of appointment of patron, introduced, as an autonomous act,

with Law No. 34/2004 of July 29, for the purpose of realizing that kind of

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legal consultation, in addition to facing the system of legal protection, bureaucratizes the

procedure for granting the benefit, with clear injury to the applicant.

On the judiciary support, the possibility of granting dispensation is eliminated

partial justice fee and too much charge with the process, the logic of which is

manifestly incongruous with the fastened payment modality introduced by the

Law No. 34/2004 of July 29. On the other hand, the modalities of

payment and phased payment of the remuneration of the application solicitor

designated, establishing a regime in which the executing agent becomes

always an officer of justice. It seeks, in this way, to overcome the numbness

verified in executive actions in which the exequent benefits from judicial support,

being an example of those the non-promotion, by the enforcement solicitors, of

representations that import payments to third entities, as is the case with the pentimes

with removal of goods.

On the other hand, it eliminates the possibility of granting judicial support to people

not-for-profit collective and individual establishments of responsibility

limited.

A special regime is still established for the criminal procedure that aims to disincentie the

recourse to an officious defender by the defendants who are not in a situation of

economic failure.

It is carried out, on the other hand, to the systematic reorganization of the normative concerning the

modalities of judicial support, autonomizing the various submodalities of

phased payment-the payment of which is to be regulated in law-, with the fito of

simplify the application and the decision process as to the concrete modalities

petitioned.

The improvement of the access system to the right is also ambitiously at the level

of the administrative procedure for granting legal protection, which you find in this

law improvements and minor corrections.

Since soon, the possibility of the applicant is introduced to request that the assessment of the

economic insufficiency take into account only the elements referring to you or the

part of your household, which may seem appropriate in the situations in which

the benefit is required for litigation involving the household itself. The

competence for consideration of this particular application is assigned to the same entity as

decides on the granting of legal protection, preventing, in both cases, the

susceptibility of delegation and subdelegation of those skills.

On the other hand, seeking to temperate the objectivity inherent in the criterion of insufficiency

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economic delineated for natural persons in Law No. 34/2004 of July 29,

introduces a new mechanism for the assessment of requests for legal protection, which

allows the maximum leader of the relevant social security services for the

decision on the granting of the benefit to decide, with special reasons, in a manner

diverse that would result from the application of the criteria laid down in the Act if this leads, in the

concrete case, to a manifest denial of access to law and to the courts. The

objective to be pursued is the same as that of the assumed in 2004, with the forecast, in paragraph 2 of the

article 20 of Law No 34/2004 of July 29 of the committee constituted by

representatives of the Ministry of Justice and judicial entities. This committee does not

arrived, however, to be created, judging more appropriate and enforceable to replace it with the

mechanism ora consecrated, all the more so as the high number of applications that the

social security advances as susceptible to shipment to that does not look like coadunable

with their collegial nature.

Also at this level is intended to promote administrative simplification,

in particular in the context of the mandatory prior hearing, by now stating that the

proposal for a decision to dismiss, total or partial, convert to definitive, without

need for new notification to the applicant, when the same, notified to be

pronounce, nothing says.

The Order of Lawyers, the Superior Council of the Magistrature, was heard.

Top Council of Administrative and Fiscal Tribunals and the Officers ' Association

of Justice.

The necessary representations were promoted to the hearing of the House of Solicitors, of the

Top Council of the Public Prosecutor's Office, the Council of Justice Officers, the

Trade union Association of the Portuguese Judges, of the Syndicate of the Magistrates of the

Prosecutor's Office, of the Union of Judicial Officials, of the Officers ' Union

of Justice.

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:

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Article 1.

Amendment to Law No. 34/2004 of July 29

Articles 3, 4, 7, 10, 13, 13, 23, 23 to 25, 39, 39 to 36, 39 to 36, 39 and 41

45. of Law No. 34/2004 of July 29, they shall be replaced by the following:

" Article 3.

[...]

1-[...].

2-The State guarantees adequate compensation to forensic professionals

that participate in the system of access to the right and the courts.

3-It is vehedto to the forensic professionals who provide services within the

access to the right in any of its modalities to be earned, on the basis of

in them, diverse remuneration than they are entitled to in the terms of

present law and of the porterie referred to in Article 45 para.

Article 4.

[...]

1-[ previous body of the article ].

2-A legal information is provided by the Ministry of Justice, in

collaboration with all interested entities, and may be

concluded protocols for this purpose.

Article 7.

Personal scope

1-[...].

2-[...].

3-The legal persons with profit and the establishments

individual limited liability are not entitled to protection

legal.

4-Legal for-profit persons are only entitled to protection

legal in the modality of judicial support, owing to doing so

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evidence to which it alluding to paragraph 1.

5-[ Previous Article No 4 ].

Article 8.

[...]

1-Encountering themselves in a situation of economic insufficiency the one that, having

into account the income, heritage and permanent expenditure of your

household, does not have objective conditions to support

punctually the costs of a process.

2-The provisions of the preceding paragraph shall apply, with the necessary adaptations,

to the not-for-profit legal persons.

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ].

Article 10.

[...]

1-A legal protection is cancelled, either in its entirety or

relatively to some of its modalities:

a) If the applicant or the respective household has acquired means

enough to be able to waivers it;

b) [...];

c) [...];

d) [...];

e) [...];

f) If the applicant to whom judicial support has been provided in

phased payment modality does not proceed to the payment of

a provision and maintain such non-compliance in the term of the deadline

which is granted to you to proceed to the missing payment

increased the applicable fine.

2-[...].

3-A legal protection may be cancelled officiously by the services of the

social security or the requirement of the Public Prosecutor's Office, of the Order of

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Lawyers, of the opposing party, of the appointed patron or of the agent of

execution assigned.

4-[...].

5-Being cancelled the legal protection granted, the decision is communicated

to the competent court and to the Order of Lawyers or to the Chamber of

Solicitors, as per cases.

Article 11.

[...]

1-[...].

2-The judicial support in the modalities of appointment and payment of

patron and appointment fees and phased payment of

patron fees is incompatible with the sponsorship by the Ministry

Public pursuant to the terms set out in the Code of Work Process.

Article 13.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-The charged importances revert to the Institute of Financial Management

and of Justice Infrastructures, I. P.

6-[...].

Article 14.

[...]

1-A legal consultation consists of technical clarification on the right

applicable to concrete questions or cases in which to avulate interests

legitimate personal or own rights aggrieved or threatened with injury.

2-Within the framework of the legal consultation fully fit the extrajudicial representations

whether they are directly due to the legal advice provided or that if

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show essential for the clarification of the question posed.

3-[ Revoked ].

4-[ Revoked ].

Article 15.

Provision of the legal consultation

1-A legal consultation can be provided in legal consultation offices

or at the offices of the lawyers who adhere to the system of access to the

right.

2-A The provision of legal consultation should, tendentially, cover the whole

national territory.

3-A creation of legal consultation offices, as well as its rules of

functioning, they are approved by porterie of the member of the Government

responsible for the area of justice, heard the Order of Lawyers.

4-Legal consultation offices may cover the provision of

services by solicitors, in moulds to be convening between the Chamber

of the Solicitors, the Order of Lawyers and the Ministry of Justice.

5-The provisions of the preceding paragraphs shall not preclude the provision of consultation

legal by other public or private non-profit entities,

pursuant to the law or to define by protocol concluded between these

entities and the Order of the Lawyers and subject to type-approval by the

Ministry of Justice.

Article 16.

[...]

1-The judicial support comprises the following modalities:

a) Dispensation of justice fee and too much charge with the process;

b) Appointment and payment of the compensation of patron;

c) Payment of the compensation of officious defender;

d) Phased payment of justice fee and too much charge with the

process;

e) Appointment and phased payment of the compensation of patron;

f) Phased payment of the compensation of officiating defender;

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g) Assignment of execution agent.

2-Without prejudice to, in terms of, defining by law, the periodicity of the

payment can be changed depending on the value of the benefits, in the

modalities referred to in points d) a f) of the previous number, the value of the

monthly installment of the beneficiaries of judicial support is as follows:

a) 1/72 of the annual value of the relevant income for the purpose of

legal protection, if this is equal to or less than one and a half times the

value of the Indexing of Social Apoios;

b) 1/36 of the annual value of the relevant income for the purpose of

legal protection, if this is superior to one and a half times the value of the

Indexing of Social Apoios.

3-In the modalities referred to in points d) a f) of paragraph 1 are not chargable

benefits that are due after the course of four years since the transit

on trial of the final decision of the cause.

4-Havendo plurality of causes concerning the same applicant or the

elements of your household, the deadline mentioned in the number

previous one counts from the transit on trial of the last final decision.

5-The payment of benefits relating to the modalities mentioned in the

points d) a f) of paragraph 1 is carried out in terms to be defined by law.

6-If the applicant for judicial support is a legal person, the support

judicial does not understand the modality referred to in points (s) d) a f) of the n.

1.

7-[ previous n. 4 ].

Article 17.

[...]

1-The regime of judicial support applies in all courts, any

that is the form of the process, in the judgements of peace and other structures of

alternative dispute resolution to be defined by porterie of the member

Government responsible for the area of justice.

2-The regime of judicial support applies, too, with due

adaptations, in the counterordinance processes.

3-Legal support is applicable in the processes that run in the

conservatory, in terms to be defined by law.

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Article 18.

Request for judicial support

1-[...].

2-Legal support must be required prior to the first intervention

procedural, save if the situation of economic insufficiency is

supervenient, in which case it must be required before the first

procedural intervention that occurs after the knowledge of the situation of

economic failure.

3-If supervenient economic insufficiency is checked, the

deadline for payment of the rate of justice and too much charges with the

process up to the final decision of the application for judicial support,

applying for the provisions of the n. the

4 and 5 of Article 24 para.

4-[...].

5-[...].

6-[...].

7-[...].

Article 20.

[...]

1-A Decision on the granting of legal protection competes with the leader

maximum of the social security services of the area of residence or headquarters

of the applicant.

2-[ Previous Article No 3 ].

3-A The competence referred to in the preceding paragraphs is likely to

delegation and sub-delegation.

4-A Decision as to the application referred to in Article 8 (6) and 7.

it is also incumbent upon the maximum manager of the security services

social competent for the decision on the granting of protection

legal, being susceptible to delegation and sub-delegation.

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Article 23.

[...]

1-A Prior hearing of the applicant for legal protection has

mandatorily place, in writing, in cases where a

decision to dismiss, in whole or in part, of the formulated application, in the

terms of the Code of Administrative Procedure.

2-If the applicant for legal protection, duly notified to

prior hearing effects, not pronount on the deadline that is

granted, the proposal for a decision converts to a definitive decision, not

taking place the new notification.

3-A notification for purposes of prior hearing contains express

reference to the comination provided for in the preceding paragraph, under penalty of this

not be able to be applied.

Article 24.

[...]

1-[...].

2-In the cases provided for in Article 467 (4) of the Code of Civil Procedure

and, as well, in those in which, regardless of the circumstances there

referred to, shall be pending challenge of the decision on the granting of

judicial support, the author who intends to benefit from this for dispensation or

phased payment of the justice fee must join the initial petition

document proving the presentation of the respective application.

3-In cases provided for in the preceding paragraph, the author shall carry out the

payment of the rate of justice or the first instalment, when it is

granted judicial support in the modality of phased fee payment

of justice, within 10 days from the date of notification of the decision

that it indefencates, in definite, its application, under the comination provided for in the

n Article 467 (5) of the Code of Civil Procedure.

4-[...].

5-[...].

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Article 25.

[...]

1-[...].

2-[...].

3-In the case provided for in the preceding paragraph, it is sufficient to mention in court

of the formation of the tacit act and, when a request for a

appointment of patron, the stepping stone subsequent to the formation of the act

tacit will comply with the following rules:

a) When the application has been submitted in the pendency of action

judicial, the court in which the cause is pending asks the Order

of the Lawyers who proceed to the appointment of the patron, pursuant to the

would porterie referred to in Article 45;

b) Where the application has not been submitted in the pendency of action

judicial, it is incumbent upon the concerned to request the appointment of the patron,

in the terms of the porterie referred to in Article 45.

4-The court or, in the case referred to in paragraph b) of the previous number, the Order

Lawyers should confirm with the social security services

the formation of the tacit act, and these services shall respond on time

maximum two working days.

5-As long as it is not possible to make the information available

dematerialized and in real time, the services of social security

send monthly the information regarding requests for protection

legal tacitly deposed to the Cabinet for Alternative Resolution

of Disputes, to the Order of Lawyers, if the application involves the appointment

of patron, and to the court in which the action is found, if the application

has been presented pending legal action.

Article 27.

[...]

1-A Judicial challenge may be brought directly by the person concerned,

not lacking in constitution of attorney, and must be delivered in the

social security service that appreciated the request for legal protection,

within 15 days of the knowledge of the decision.

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2-[...].

3-Received the challenge, the social security service has 10 days

to revoke the decision on the request for legal protection or,

keeping it, send that and certified copy of the process

administrative to the competent court.

Article 28.

[...]

1-It is competent to know and decide to challenge the court of the

comarca in which you are seated the social security service you enjoyed

the application for legal protection or, if the application has been formulated

in the pendency of the action, the court in which this is pending.

2-In the case that there are specialized jurisdiction courts or

specific competence, the imputation must respect the respective

rules of competence.

3-[...].

4-[...].

5-A The decision handed down in the terms of the preceding paragraph is irrecurrable.

Article 29.

[...]

1-[...].

2-For realization of the benefit of judicial support in the modalities

provided for in points a ) and d ) of Article 16 (1), shall the

interested to present the supporting document of their concession or

of the presentation of the respective application at the time they should

present the document proving the payment of the rate of justice.

3-[ Revoked ] .

4-The dismissal of the request for judicial support matters the obligation of the

payment of the expense due, as well as, in the case that it has been requested

the appointment of patron, the payment to the Institute of Financial Management and

of Infrastructure of Justice, I. P. of the amount provided for in paragraph 2 of the article

36.

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5-There is no final decision as to the request for judicial support in the

time when the payment of the justice fee should be made and

too much burden of the judicial process, shall proceed as follows:

a) [...];

b) There has been already a decision of the social security service,

granting judicial support in one or more modalities of

phased payment, the payment of the first instalment is due

within 10 days counted from the date of its communication to the

applicant, without prejudice to the subsequent refund of the amounts paid

in the case of provenance of the challenge of that decision;

c) There has been a negative decision already from the social security service, the

payment is due within 10 days counted from the date of your

communication to the applicant, without prejudice to the subsequent refund

of the amounts paid in the case of provenance of the imputation of that

decision.

Article 30.

[...]

1-A The appointment of patron, being granted, is held by the Order

of the Lawyers, pursuant to the porterie referred to in Article 45 para.

2-[ Revoked ].

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ].

Article 31.

[...]

1-A The appointment of patron is notified by the Order of Lawyers to the

applicant and to the appointed patron and, in the cases provided for in paragraph 3 of the

article 26, in addition to being made with the express warning of the beginning

of the court period, it is also communicated to the court.

2-[...].

3-[ Revoked ].

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4-[ Revoked ].

Article 32.

[...]

1-[...].

2-[...].

3-If the replacement of patron has been required pending a

Proceedings, the Order of Lawyers shall report to the court a

appointment of the new patron.

Article 33.

[...]

1-The patron appointed to the purposeful of the action shall intentate it in the 30

days following the notification of the appointment, presenting justification to the

Order of Lawyers or the House of Solicitors if it does not institute a

action at that time.

2-The appointed patron may apply for the Order of Lawyers or the Chamber

of the requesters to extend the deadline provided in the preceding paragraph,

substantiating the request.

3-When no justification is given, or this is not considered

satisfactory, the Order of Lawyers or the House of Solicitors

shall proceed to the assessment of possible disciplinary liability,

being appointed new patron to the applicant.

4-[...].

Article 34.

[...]

1-The appointed patron may ask for escusa, upon application directed at the

Order of Lawyers or the House of Solicitors, alleging the

respective reasons.

2-[...].

3-The appointed patron shall communicate in the process the fact of having

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submitted an application for a scusa, for the effects provided for in the number

previous.

4-[...].

5-Being granted the escuses, proceeds immediately to the appointment and

designation of new patron, except in the case of the plea of the

request for escussion to be the non-existence of legal grounds of the claim,

case where it may be refused new appointment for the same purpose.

6-[...].

Article 35.

[...]

1-The appointed patron can substab, with reservation, for diligence

determined, as long as it indicates substitute.

2-A remuneration of the substitute is the responsibility of the appointed patron.

3-[ Revoked ].

Article 36.

[...]

1-[ Previous body of the article ] .

2-The charges arising from the granting of judicial support in the

modalities provided for in points b ), c ), and ) and f ) of Article 16 (1) are

determined in the terms of the porterie of the member of the Government

responsible for the area of justice.

Article 39.

[...]

1-A The appointment of the defender to the accused, the sponsorship dispensation and the

replacement are made pursuant to the Code of Criminal Procedure, of the

this chapter and of the porterie referred to in Article 45 para.

2-A The appointment is antecedents of the warning to the accused of his right to

constitute counsel.

3-Case does not constitute counsel, the accused shall proceed, at the moment in

17

which provides an end of identity and residence, to the issuance of a

statement on income, heritage and permanent expenditure of the

your household.

4-A The court's office should appreciate the economic insufficiency of the

argued in the function of the issued statement and the criteria set out in the

present law.

5-If the Registry concludes by the economic insufficiency of the accused, it shall

be appointed defender or, in the contrary, cautions you that you must

constitute counsel.

6-A The appointment of defender to the accused, in the terms of the previous number, has

provisional character and depends on the granting of judicial support by the

services of social security.

7-If the accused does not apply for the granting of judicial support, he / she is responsible

by the payment of the triple of the value set out in accordance with paragraph 2 of the

article 36 para.

8-If the social security services decide not to grant the benefit

of judicial support to the accused, this one is subject to the payment of the value

set out in accordance with Article 36 (2), unless it is demonstrated

that the affidavit delivered pursuant to paragraph 3 was manifestly false,

case in which it becomes subject to payment of the value of the value

set out in Article 36 (2)

9-If, in the case provided for in the final part of paragraph 5, the accused shall not constitute

counsel and is mandatory or deemed necessary or convenient to

assistance of defender, must this be appointed, by staying the accused

responsible for the payment of the triple of the value set out in the terms

of Article 36 (2)

10-[ Previous Article No 4 ].

Article 41.

Scales of prevention

1-A appointment of defender for assistance to the first interrogation of

accused held, for hearing in summary proceedings or for other

urgent representations provided for in the Code of Criminal Procedure prosecuTare

pursuant to Article 39, and prevention scales should be organised

18

of lawyers and trainee attorneys for that purpose, in terms of

define in the porterie referred to in Article 45 para.

2-A appointment must recair in defender who, by constying the scales of

prevention, present yourself at the place of achievement of the due diligence after your

call.

3-The defender appointed for an act can keep up for acts

subsequent of the process, in terms of regulating in the porterie referred to

in Article 45 para.

4-[ Revoked ].

Article 42.

[...]

1-Lawyer appointed defender can ask for dispensation from sponsorship,

by invoking grounds that it considers fair, in an application addressed to the

Order of Lawyers.

2-A Order of the Lawyers appreciates and deliberates on the application for dispensation

of sponsorship within five days.

3-[...].

4-It may, in case of urgency, be appointed another defender to the accused, in the

terms of the porterie referred to in Article 45.

5-[ Revoked ].

Article 43.

[...]

1-[...].

2-The appointed defender may not, in the same process, accept mandate from the

even defendants.

Article 44.

[...]

1-In all that is not specially regulated in this chapter

concerning the granting of legal protection to the accused in proceedings

19

criminal procedure apply, with the necessary adaptations, the provisions of the

previous chapter, with the exception of the provisions of the n. the

2 and 3 of Article 18,

owing to the judicial support is required until the expiry of the term of

resource of the decision in the first instance.

2-[...].

Article 45.

Participation of forensic professionals in the access to law

1-A admission of the forensic professionals to the system of access to law, the

appointment of patron and defender and the payment of the respective

compensation takes place in the following terms:

a) The selection of forensic professionals must ensure the quality

of the services provided to the beneficiaries of legal protection in the

scope of the system of access to law;

b) Participants in the system of access to the right can be

lawyers, trainee lawyers and solicitors;

c) Forensic professionals can be appointed for batches of

processes and scales of prevention;

d) If the same fact gives cause to various processes, the system must

ensure, preferentially, the appointment of the same mandatary

or officious defender to the beneficiary;

e) All notifications and communications among professionals

Forensics, the Order of Lawyers, the services of social security,

the courts and the applicants provided for in the system of access to the

right shall be carried out, where possible, by electronic means;

f) The forensic professionals participating in the access system to the

right shall use all available electronic means in the

contact with the courts, specifically with regard to the

dispatch of procedural parts and autonomous requirements;

g) The forensic professionals who do not observe the rules of the exercise

of the sponsorship and of the officiating defence may be excluded from the system

of access to the right;

h) The forensic professionals participating in the access system to the

right to leave the system, regardless of the reason, before

20

of the transit on trial of a proceeding or the definitive term of

a diligence for which they are appointed must restitute, in the

maximum term of 30 days, all amounts delivered on account of

each ongoing process or due diligence;

i) The provisions of the preceding paragraph shall apply to cases of escusa and of

dispensation of sponsorship, in respect of the processes in which the

sponsorship and the officious defence;

j) The payment of compensation due to forensic professionals

shall be processed until the end of the month following that in which it is

due;

l) The out-of-court settlement of disputes, before the hearing of

trial, should be encouraged upon prediction of a

increased compensation amount.

2-A admission of the forensic professionals to the system of access to law, the

appointment of patron and defender and the payment of the respective

compensation, in the terms of the preceding paragraph, is regulated by

would pore from the member of the Government responsible for the area of justice.

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ]. "

Article 2.

Amendment to the Annex to Law No 34/2004 of July 29

The Annex to Law No 34/2004 of July 29 is replaced by the following:

" ANNEX

Calculation of the relevant income for the purposes of legal protection

I-Relevant Income for the purposes of legal protection

1-The relevant income for the purposes of legal protection ( YAP ) is the amount that

results from the difference between the value of the full net income of the household

( YC ) and the value of the relevant deduction for the purposes of legal protection ( The ), that is, YAP =

YC-A .

21

2-The relevant income for the purposes of legal protection ( YAP ) is expressed in

multiples of the Indexing of Social Apoios.

II-Full net income of the household

1-The value of the complete net income of the household ( YC ) results from the sum

of the net income value of the household ( Y ) with the amount of financial income

implicit calculated on the basis of the household's assets ( YR ), or

be, YC = Y + YR .

2-By net income of the household ( Y ) understand the yield after the

deduction of income tax and mandatory contributions for schemes

of social protection.

3-The calculation of the implied financial income is carried out in the terms set out in point V.

III-Deduction relevant for the purposes of legal protection

1-The value of the relevant deduction for the purposes of legal protection ( The ) results from the sum

of the value of the deduction of charges with basic household needs ( D )

with the amount of the deduction for household housing charges ( H ), or

be, A = D + H .

2-The value of the deduction of charges with basic household needs ( D )

results from the application of the following formula: CYd n

LnD Despite the Despite a

Despite the Despite

Despite the Despite the Thereof,

2

1 to 1 (1, in which ( n ) is the

number of elements of the household and ( d ) is the coefficient of deduction of expenses

with basic needs of the household, determined as a function of the various

scales of yield, according to the forecast in the table of point VI.

3-The amount of the deduction for household housing charges ( H )

results from the application of the coefficient ( h ) to the value of the complete net income of the

family aggregate ( YC ), that is, H = CYh Meaning, in which ( h ) is determined in the function of the

various yield scales according to the one provided for in the table of point VII.

IV-Formula of calculation of the value of the relevant yield for protective purposes

legal

22

The value of the relevant income for the purposes of legal protection, specified in the

points I to III, is calculated by the following formula:

2

1 to 11 CAP Yhd

n LnY From

Despite the Despite

Despite the Despite

Despite the Despite a

Despite the Despite

Despite the Despite

Despite the Despite

Despite the Despite the Despite the

The calculation formula results from the following algebraic identities:

C

C

CAP

YhH

Yd n

LnD

HDA

AYY

Despite the

Despite the Despite a

Despite the Despite

Despite the Despite the Despite the

Despite the

Despite the

) 2

1 to 1 (1

Therefore, by elementary arithmetic operations:

2

1 to 11

2

1 to 1

2

1 to 11

) (

CAP

CCCAP

CCCAP

CAP

Yhd n

LnY

YhYd n

LnYY

YhYd n

LnYY

HDYY

Despite the Despite the

Despite the Despite

Despite the Despite a

Despite the Despite

Despite the Despite

Despite the Despite

Despite the Despite, the Despite the

Despite the Despite

Despite the Despite

Despite the Despite, the Despite the

Despite the Despite

Despite the Despite

Despite the Despite

Despite the Despite, the Despite the

Despite the Despite

Despite the Despite

Despite the Despite, the Despite the

Despite the Despite

Despite the Despite

Despite the Despite

Despite the Despite the Despite the Despite the

Despite the Despite

V-Calculation of implicit financial income

1-The amount of the implied financial income referred to in point II (1) is

calculated by applying for a reference interest rate to the value of the assets

heritage of the household.

2-A The reference interest rate is the Euribor rate at six months corresponding to the value

Average verified in the months of December or last June, depending on the

application for legal protection is submitted, respectively, in the 1 or the 2.

semester of the current calendar year.

3-Understand for value of the real estate the one that is highest among the

declared by the applicant in the application for legal protection, the enrolled in the predial matrix and

the constant of the document that there is titration of the respective acquisition.

4-When you treat yourself to the family home, in the calculation referred to in paragraph 1 only if

accounts for the value of that if it is more than 100000 and in the strict measure of that

excess.

5-The value of social and securities holdings is the one that results from the

23

quotation observed in scholarship on the day prior to that of the submission of the application for

legal protection or, in the absence of this, its nominal value.

6-Understand by value of the mobile goods subject to record the respective value of

market.

VI-Table referred to in paragraph 2 of point III

Full net income scales of the

household (YC)

(annual values expressed in euro)

Coefficients of deduction of

expense ( d )

YC <4500 0.371

4500 ≤ YC <9000 0.320

9000 ≤ YC <13500 0.288

13500 ≤ YC <18000 0.264

YC ≥ 18000 0.217

VII-Table referred to in paragraph 3 of point III

Full net income scales of the

household (YC)

(annual values expressed in euro)

Coefficients of deduction of

expense ( h )

YC <4500 0.224

4500 ≤ YC <9000 0.238

9000 ≤ YC <13500 0.207

13500 ≤ YC <18000 0.198

YC ≥ 18000 0.184

"

Article 3.

Additions to Law No. 34/2004 of July 29

Articles 8-A, 8-B and 35-A to Law No. 34/2004 of July 29, are postponed.

following wording:

24

" Article 8.

Assessment of economic insufficiency

1-A The economic insufficiency of natural persons is appreciated in accordance

with the following criteria:

a) The applicant whose household has an income

relevant for the purposes of legal protection equal to or less than three

Rooms of the Indexing of Social Apoios has no conditions

objectionals to support any amount related to the

costs of a process, and shall also benefit from

assignment of enforcement agent and free legal consultation;

b) The applicant whose household has an income

relevant for the purposes of legal protection of more than three rooms and

equal to or less than two and a half times the value of the Indexing of

Social supports has objective conditions to bear the costs of

a legal consultation subject to the prior payment of a fee,

but it has no objective conditions to support punctually the

costs of a process and, for that reason, benefits from support

judiciary in the modalities of phased payment and attribution

of the implementing agent;

c) It is not found in a situation of economic insufficiency the

applicant whose household has a relevant income

for purposes of legal protection greater than two and a half times the

value of the Indexing of Social Apoios.

2-The relevant income for the purposes of legal protection is the amount

that results from the difference between the value of the complete net income of the

family aggregate and the value of the relevant deduction for the purpose of

legal protection and is calculated in the terms set out in the annex to the present

law.

3-It is considered that they belong to the same household as the people who

live in a common economy with the applicant for legal protection.

4-The value of the fee due for the provision of the legal consultation to which it relates

the point b) of paragraph 1 shall be fixed by porterie of the member of the Government

responsible for the area of justice.

5-If the value of the credits deposited in bank accounts and the amount of

25

securities admitted to trading on regulated market

that the applicant or any member of their household is

holders are greater than 24 times the value of the Apoios Indexing

Social, it is considered that the applicant for legal protection does not

finds in a situation of economic insufficiency, irrespective of the

value of the relevant income for the purposes of legal protection of the

family aggregate.

6-The applicant may apply for, exceptionally and for justified reason,

that the appreciation of economic insufficiency takes into account only the

income, heritage and permanent expenditure of the own or of it and of

some elements of your household.

7-In the event of a dispute with one or more elements of the household, the

appreciation of economic insufficiency takes into account only the

income, the patrimony and the permanent expenditure of the applicant or of it

and of some elements of his household, as long as he requests it.

8-If, in the face of a concrete case, the maximum leader of the services of

social security competent for the decision on the granting of

legal protection understand that the application of the criteria set out in the

previous figures lead to a manifest denial of access to the

right and the courts may, by specially reasoned order and

with no possibility of delegation, decide in a diverse way from that which

results from the application of the said criteria.

Article 8-B

Proof of economic insufficiency

1-A evidence of economic insufficiency is made in the terms to be defined by

joint office of the ministers responsible for the areas of justice and the

social security.

2-In case of doubt about the verification of a situation of insufficiency

economic, may be requested by the maximum manager of the service of

social security that appreciates the application that the applicant authorizes, by

written, the access to information and banking documents and that these

are displayed in the face of such service and, where warranted, in the face of

tax administration.

26

3-If all the necessary evidence of economic insufficiency is

are not delivered with the application for legal protection, the

social security services notifies the person concerned, with reference

express to the comination provided for in the following number, so that this the

present within 10 days, suspending the deadline for training

of tacit act.

4-At the end of the period referred to in the preceding paragraph, if the person concerned does not

has proceeded to the presentation of all the evidence

required, the application is undue, with no need to proceed to

new notification to the applicant.

Article 35-The

Assignment of execution agent

When judicial support is granted in the modality of attribution of

execution agent, this is always an officer of justice, determined

according to the rules of distribution. "

Article 4.

Amendment to the Code of Criminal Procedure

Articles 61, 62, 64, and 67 and 67 of the Code of Criminal Procedure, approved by the

Decree-Law No. 78/87, of February 17 and amended by the Decrees-Law n. the

387-E/87,

of December 29, 212/89, of June 30, and 17/91, of January 10, by the Law n.

57/91, of August 13, by the Decrees-Law n. the

423/91, of October 30, 343/93, from 1

of October, and 317/95, of November 28, by the Leis n. the

59/98, of August 25, 3/99,

of January 13, and 7/2000, of May 27, by the Decree-Law No. 320-C/2000 of 15 of

December, by the Leis n. the

30-E/2000, of December 20, and 52/2003, of August 22,

by Decree-Law No. 324/2003, of December 27 and by the Law No ___/___, go on

the following:

" Article 61.

[...]

1-The accused shall enjoy, in particular, at any stage of the proceedings and, save the

exceptions from the law, the rights of:

27

a) [...];

b) [...];

c) [...];

d) [...];

e) Constitute counsel or request the appointment of an advocate;

f) [...];

g) [...];

h) [...];

i) [...].

2-[...].

3-[...].

Article 62.

[...]

1-[...].

2-[ Revoked ].

3-[ Revoked ].

4-[...].

Article 64.

[...]

1-[...].

2-Out of the cases provided for in the preceding paragraph may be appointed defender

to the accused, at the request of the court or the defendants, whenever the

circumstances of the case revealing the need or the convenience of the

defendants to be assisted.

3-Without prejudice to the provisions of the preceding paragraphs, if the accused does not have

lawyer constituted nor defender appointed is compulsory the appointment

of defender when against him is deducted charge, owing to

identification of the defender's record of the closure dispatch of the

survey.

4-[ Revoked ].

28

Article 65.

[...]

Being several the defendants in the same process, can they be assisted by

a single defender, if that does not counter the function of the defence.

Article 67.

[...]

1-If the defender, in respect of an act in which the assistance is

required, do not attend, if absent before you are finished or refused

or abandon the defense, is immediately named another defender; but

may also, when the immediate appointment proves impossible or

inconvenient, it is decided to interrupt the realization of the act.

2-[...].

3-[...]. "

Article 5.

Regulation

The portaries referred to in Article 8 (4)-A, in Article 8 (1) B, paragraph 1 of the article

17, in Article 36 (2) and in Article 45 (2) they shall be approved in the time limit

maximum of 60 days after the entry into force of the diploma.

Article 6.

Abrogation standard

They are revoked:

a) Articles 5, paragraphs 3 a to 5 of Article 8, paragraphs 3 and 4 of Article 14, the article

21, Article 22 (5), Art. 26 (3), Article 29 (3), para. the

2

is 5 of Article 30, the n. the

3 and 4 of Article 31, paragraph 3 of Article 35, the article

40, Article 41 (4), Article 42 (5), the n. the

3 a to 5 of Article 45 and

articles 46 to 48 of Law No 34/2004 of July 29;

b) Article 62 (2) and 3 (4), Article 65 (2) and the Article 65

article 66 of the Code of Criminal Procedure, approved by the Decree-Law No 78/87,

29

of February 17 and amended by the Decrees-Law n. the

387-E/87, from 29 of

December, 212/89, of June 30, and 17/91, of January 10, by Law n. para.

57/91, of August 13, by the Decrees-Law n. the

423/91, of October 30,

343/93, of October 1, and 317/95, of November 28, by the Leis n. the

59/98,

of August 25, 3/99, of January 13, and 7/2000, of May 27, by the

Decree-Law No 320-C/2000 of December 15 by the Leis n. the

30-E/2000, of

December 20, and 52/2003, of August 22, by the Decree-Law No. 324/2003,

of December 27 and by the Law n. ___/___.

c) Articles 6 to 10 and 16 to 18 of the Portaria No. 1085-A/2004 of 31 of

August.

Article 7.

Transitional arrangements

The amendments made by this Law apply only to applications for protection

legal submitted after its entry into force.

Article 8.

Republication

Law No. 34/2004 of July 29, with the wording resulting from the present amendment, is

republished in Attachment, which is an integral part of this Law.

Article 9.

Entry into force

This Law shall come into force on the January 1, 2008.

Seen and approved in Council of Ministers of February 22, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

30

Attachment

Republication of Law No. 34/2004 of July 29

CHAPTER I

Design and objectives

Article 1.

Purposes

1-The system of access to law and the courts is intended to ensure that no one

is hampered or prevented, on the grounds of its social or cultural condition, or by

insufficiency of economic means, knowledge, exercise or defence of their

rights.

2-To realize the objectives referred to in the preceding paragraph, develop

actions and systematized mechanisms of legal information and legal protection.

Article 2.

Promotion

1-Access to law and courts constitutes a responsibility of the State, the

promote, in particular, through devices for cooperation with the institutions

representative of the forensic professions.

2-Access to law comprises legal information and legal protection.

Article 3.

Health

1-The system of access to law and the courts will work by way of services

provided to its users are qualified and effective.

2-The State guarantees adequate compensation to the forensic professionals who

participate in the system of access to law and the courts.

3-It is vehedable to forensic professionals who provide services in the scope of access to

right in any of its modalities to earn, on the basis of them, diverse remuneration

than they are entitled to pursuant to this Law and the porterie referred to in Article 45.

31

CHAPTER II

Legal information

Article 4.

Duty of information

1-Incumbent on the State to carry out, in a permanent and planned manner, actions aimed at

make known the right and legal planning, through publication and other

forms of communication, with a view to providing a better exercise of rights and the

compliance with the legally established duties.

2-A legal information is provided by the Ministry of Justice, in collaboration with

all interested entities, and protocols may be concluded for this purpose.

Article 5.

Legal information services

[ Revoked ]

CHAPTER III

Legal protection

SECTION I

General provisions

Article 6.

Scope of protection

1-A Legal protection is the modalities of legal consultation and support

judiciary.

2-A legal protection is granted for concrete questions or causes or

capable of realization in which the utent has an interest of its own and that versem

on rights directly aggrieved or threatened with injury.

3-own law will regulate the systems for the tutelage of collective interests or

diffuses and rights only indirectly or reflexively injured or threatened with injury.

4-In the case of cross-border litigation, in which the competent courts belong to

32

another State of the European Union, legal protection further covers the pre-

litigation and the specific charges arising from the cross-border character of the dispute,

in terms to define by law.

Article 7.

Personal scope

1-Have the right to legal protection under this Act, the national citizens and

of the European Union, as well as foreigners and stateless persons with title of residence

valid in a member state of the European Union, which demonstrate to be in a situation of

economic failure.

2-To foreigners without a valid residence permit in a Member State of the Union

European is recognized the right to legal protection, to the extent that he is

assigned to the Portuguese by the laws of the respective states.

3-Profity-based legal persons and individual establishments of

limited liability are not entitled to legal protection.

4-Legal for-profit persons are only entitled to legal protection in the

modality of judicial support, and should for this to make the evidence to which it is to rent paragraph 1.

5-A legal protection may not be granted to persons who have disposed of or burdened

all or part of their assets to put themselves in a condition to obtain it, nor, by treating-

if of judicial support, to the transferees of the right or contested object, when the

assignment has been carried out for the purpose of obtaining that benefit.

Article 8.

Economic failure

1-Encountering themselves in a situation of economic insufficiency the one that, taking into account the

income, the heritage and the permanent expenditure of your household, do not have

objective conditions to support punctually the costs of a process.

2-The provisions of the preceding paragraph shall apply, with the necessary adaptations, to the persons

not-for-profit collective.

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ].

33

Article 8-The

Assessment of economic insufficiency

1-A The economic insufficiency of natural persons is appreciated in accordance with

following criteria:

a) The applicant whose household has a relevant income for purposes

of legal protection equal to or less than three quarters of the Indexing of Apoios

Social does not have objective conditions to support any related amount

with the costs of a process, and shall also benefit from assignation of

free legal enforcement and legal consultation agent;

b) The applicant whose household has a relevant income for purposes

of legal protection in excess of three rooms and equal to or less than two times and

half the value of the Indexing of Social Apoios has objective conditions for

bear the costs of a legal consultation subject to the prior payment of a

rate, but it has no objective conditions to punctually support the costs of

a process and, for that reason, it benefits from judicial support in the modalities

of phased payment and allocation of enforcement agent;

c) It is not found in a situation of economic insufficiency the applicant whose

family household has a relevant yield for protective purposes

legal superior to two and a half times the value of the Indexing of Social Apoios.

2-The relevant income for the purposes of legal protection is the amount that results

of the difference between the value of the complete net income of the household and the

value of the relevant deduction for the purposes of legal protection and is calculated in the terms

provided for in the Annex to this Law.

3-It is considered that they belong to the same household as the people who live in

common economy with the applicant for legal protection.

4-The value of the fee due for the provision of the legal consultation referred to in point b)

of paragraph 1 shall be fixed by the porterie of the Member of the Government responsible for the area of justice.

5-If the value of the credits deposited in bank accounts and the amount of values

securities admitted to the trading on regulated market of which the applicant or

any member of your household are holders are greater than 24 times

the value of the Indexing of Social Apoios, the protection applicant is deemed to be

legal is not found in a situation of economic insufficiency, regardless of the

value of the relevant income for the purposes of legal protection of the household.

6-The applicant may request, exceptionally and for justified reason, that the

34

appreciation of the economic insufficiency takes into account only the yield, the

heritage and the permanent expenditure of its own or of it and some elements of its

family aggregate.

7-In the event of a dispute with one or more elements of the household, the appreciation of the

economic insufficiency takes into account only income, heritage and expenditure

permanent of the applicant or of it and some elements of their household,

as long as he requests it.

8-If, in the face of a concrete case, the maximum leader of the social security services

competent for the decision on the granting of legal protection to understand that the

application of the criteria set out in the preceding paragraphs leads to a manifest

denial of access to law and the courts can, by order especially

reasoned and without possibility of delegation, to decide in a diverse manner from that which

results from the application of the said criteria.

Article 8-B

Proof of economic insufficiency

1-A proof of economic insufficiency is made in the terms to be defined by portaria

joint of the ministers responsible for the areas of justice and social security.

2-In case of doubt about the verification of a situation of economic insufficiency,

may be requested by the maximum manager of the social security service who appreciates the

application that the applicant consent to, in writing, access to information and documents

banking and that these are displayed in the face of such service and, when warranted,

in the face of tax administration.

3-If all the necessary evidence of economic insufficiency is not

delivered with the application for legal protection, the services of social security

notify the person concerned, with reference expressed to the comination provided for in the number

next, in order for this to present them within 10 days, suspending the deadline for the

formation of tacit act.

4-At the end of the period referred to in the preceding paragraph, if the person concerned has not proceeded

to the presentation of all the necessary evidence, the application is undue,

without the need to make the new notification to the applicant.

35

Article 9.

Exemptions

Are exempt from taxes, emoluments and fees the requirements, certifiers and any

other documents applications for the purposes of legal protection.

Article 10.

Cancellation of legal protection

1-A legal protection is cancelled, either in its entirety or in respect of some

of its modalities:

a) If the applicant or the respective household will acquire sufficient means

to be able to waived it;

b) When proven by new documents the inlivelihood of the reasons why

has been granted;

c) If the documents that served on the basis of the concession are declared false by

decision with transit on trial;

d) If, in appeal, the conviction of the applicant is confirmed as a litigant of bad

faith;

e) If, in action of provisional food, an amount is assigned to the applicant

for costing the demand;

f) If the applicant to whom legal support has been provided in modality of

phased payment do not proceed to the payment of a provision and maintain

such non-compliance in the expiry of the time limit for it to proceed to the

payment at an increased lack of the applicable fine.

2-In the case of point a ) of the preceding paragraph, the applicant shall declare, as soon as the

fact if it checks, that it is in a position to dispense legal protection at some

or in all the modalities granted, under penalty of being subject to the penalties provided for

for the litigation of bad faith.

3-A legal protection may be cancelled officiously by the security services

social or the application of the Public Prosecutor's Office, of the Order of Lawyers, of the Party

contrarian, of the appointed patron or of the assigned execution agent.

4-The applicant for legal protection is always heard.

5-Being cancelled the legal protection granted, the decision is communicated to the court

competent and to the Order of Lawyers or the House of Solicitors, as per the

36

cases.

Article 11.

Caducity

1-A Legal protection lapses in the following situations:

a) By the demise of the natural person or by the extinction or dissolution of the person

collective to whom it was granted, save if the successors in the lide, in the incident of

your habilitation, join copy of the application for judicial support and the same

come to be dewounded;

b) By the course of the period of one year after its concession without it having been

provided consultation or instituting action in judgment, for reason attributable to the

applicant.

2-The judicial support in the modalities of appointment and payment of honorarium of

patron and appointment and phased payment of patron fees is incompatible

with the sponsorship by the Public Prosecutor's Office in the terms provided for in the Code of Procedure

of the Work.

Article 12.

Impugation

From the decision determining the cancellation or check the expiry of the protection

legal is up to judicial challenge, which follows the terms of the Articles 27 and 28.

Article 13.

Acquisition of sufficient economic means

1-Should it be found that the legal protection applicant has owned, at the date of the application,

or acquired in the course of the cause or within four years after its term, means

economical enough to pay fees, expenses, costs, tax, emoluments,

fees and any other charges of whose payment there has been declared exempt, is

instigated action for collection of their respective importances by the Public Prosecutor's Office or

by any other interested.

2-For the effects of the preceding paragraph, the acquisition of economic means is presumed

sufficient to obtain maturity in the action, albeit merely partial, save if,

37

by its nature or value, what obtains may not be taken into account in the assessment

of economic insufficiency pursuant to Art. 8 para.

3-A The action referred to in paragraph 1 follows the summary form, and the judge may condemn

in the case itself, in the case provided for in the preceding paragraph.

4-In order to substantiate the decision, in the action referred to in paragraph 1, the court shall ask

opinion to social security.

5-The charged importances revert to the Institute of Financial Management and Infra-

Structures of Justice, I. P.

6-The provisions of the preceding paragraphs shall be without prejudice to the establishment of procedure

criminal if, in order to benefit from legal protection, the applicant will commit crime.

SECTION II

Legal consultation

Article 14.

Scope

1-A legal consultation consists of the technical clarification on the applicable law to

issues or concrete cases in which to avulate legitimate personal interests or rights

own lesions or threatened with injury.

2-Within the framework of the legal consultation fully fit the extrajudicial representations that

they are directly due to the legal advice provided or to show essential for

the clarification of the question posed.

3-[ Revoked ].

4-[ Revoked ].

Article 15.

Provision of the legal consultation

1-A legal consultation can be provided in legal consultation offices or in the

offices of the lawyers who adhere to the system of access to the right.

2-A The provision of legal consultation should, biased, cover the entire territory

national.

3-A creation of legal consultation offices, as well as its rules of

operating, are approved by poration of the member of the Government responsible for the

38

area of justice, heard the Order of Lawyers.

4-Legal consultation offices may cover the provision of services by

solicitors, in molds to be convinced between the House of Solicitors, the Order of the

Lawyers and the Ministry of Justice.

5-The provisions of the preceding paragraphs shall not preclude the provision of legal consultation by

other public or private non-profit entities, under the law or to define

per protocol entered into between these entities and the Order of Lawyers and subject to

approval by the Ministry of Justice.

SECTION III

Judicial support

Article 16.

Modalities

1-The judicial support comprises the following modalities:

a) Dispensation of justice fee and too much charge with the process;

b) Appointment and payment of the compensation of patron;

c) Payment of the compensation of officious defender;

d) Phased payment of justice fee and too much charge with the process;

e) Appointment and phased payment of the compensation of patron;

f) Phased payment of the compensation of officiating defender;

g) Assignment of execution agent.

2-Without prejudice to, in terms of, defining by law, the periodicity of payment power

be amended as a function of the value of benefits, in the modalities referred to in points d)

a f) of the previous number, the value of the monthly benefit of the recipients of support

judiciary is as follows:

a) 1/72 of the annual value of the relevant income for the purposes of legal protection,

if this is equal to or less than one and a half times the value of the Indexing of Apoios

Social;

b) 1/36 of the annual value of the relevant income for the purposes of legal protection,

if this is greater than one and a half times the value of the Indexing of Social Apoios.

3-In the modalities referred to in points d) a f) of paragraph 1 shall not be required for benefits

that they are due after the course of four years from the transit on trial of the decision

final of the cause.

39

4-Havendo plurality of causes concerning the same applicant or the elements of the

your household, the time limit mentioned in the previous number counts since the transit

on trial of the last final decision.

5-The payment of benefits relating to the modalities mentioned in the points d) a

f) of paragraph 1 is carried out in terms to be defined by law.

6-If the claimant of judicial support is a legal person, the judicial support does not

understands the modality referred to in points d) a f) of paragraph 1.

7-In the case of request for judicial support by resident in another member state of the Union

European for action in which Portuguese courts are competent, the support

judiciary covers specific charges arising from the cross-border character of the

litigation in terms to be defined by law.

Article 17.

Scope of application

1-The regime of judicial support applies in all courts, whatever the

form of the process, the judgments of peace and other alternative resolution structures of

disputes to be defined by porterie of the member of the Government responsible for the area of justice.

2-The regime of judicial support applies, too, with due adaptations, in the

counter-ordering processes.

3-Legal support is applicable in the processes that run in the conservatory, in

terms to be defined by law.

Article 18.

Request for judicial support

1-Legal support is granted regardless of the procedural position that the

applicant occupiers in the cause and of the fact that it has already been granted to the opposing party.

2-Legal support must be required prior to the first procedural intervention,

save if the situation of economic insufficiency is supervenient, in which case it should be

required prior to the first procedural intervention occurring after the knowledge of the

situation of economic insufficiency.

3-If supervenient economic insufficiency is found, the deadline is suspended for

payment of the justice fee and too much charge with the process up to the final decision

of the request for judicial support, applying the provisions of the n. the

4 and 5 of Article 24 para.

40

4-Legal support remains for the purposes of appeal, whatever the decision

on the cause, and it is extensive to all the processes that follow by apenso to that in which

that concession if it checks, being it also to the main process, when granted

in any apenso.

5-The judicial support remains for the executions founded in sentencing

delivered in proceedings in which such a concession has occurred.

6-Declared the incompetence of the court, it shall remain, however, the granting of the support

judiciary, owing the final decision to be notified to the patron for the latter to pronounce

about the maintenance or escuses of the sponsorship.

7-In the event that the case is disaphended by decision with transit on trial, the support

granted will remain, officiously joining the detached process certifably of the

decision that granted it, without prejudice to the provisions of the final part of the preceding paragraph.

SECTION IV

Procedure

Article 19.

Legitimacy

Legal protection may be required:

a) By the person concerned in its concession;

b) By the Public Ministry in representation of the person concerned;

c) By lawyer, trainee lawyer or solicitor, in representation of the

interested, basting to substantiate this representation the signatures

joint of the person concerned and the patron.

Article 20.

Competence for the decision

1-A The decision on the granting of legal protection competes with the maximum leader of the

social security services of the applicant's area of residence or headquarters.

2-In the event that the applicant does not reside or does not have its registered office in national territory, the

decision referred to in the preceding paragraph shall compete with the maximum manager of the services of

social security where the application has been delivered.

3-A The competence referred to in the preceding paragraphs is likely to be delegable and

41

subdelegation.

4-A Decision as to the application referred to in Article 8 (6) and (7)-The incumbent

also to the maximum leader of the relevant social security services for the

decision on the granting of legal protection, being susceptible to delegation and

subdelegation.

Article 21.

Judgment on the existence of legal grounds of the claim

[ Revoked ]

Article 22.

Application

1-The application for legal protection is filed in any service of

service to the public of social security services.

2-The application for legal protection is formulated in a model, to be approved by

would pore from the ministers with the tutelage of justice and social security, which is provided,

free of charge, together with the entity referred to in the preceding paragraph and may be submitted

personally, by fax, by post or by electronic transmission, in this case

through the filling of the respective digital form, accessible by connection and

computer communication.

3-When the application is submitted by post, the receiver service refers to the

applicant a copy with the affixed reception stamp.

4-The application shall specify the intended legal protection modality, in the

terms of Articles 6 and 16, and, being the case, what modalities it intends

cumular.

5-[ Revoked ].

6-A proof of the delivery of the application for legal protection can be made:

a) Upon display or delivery of copy with reception stamp of the

application submitted in person or by post;

b) By any idoneo means of mechanical or electronic certification of the reception

in the competent service of the application when sent by fax or

electronic transmission.

42

7-It is the competence of the social security services to the strict identification of the

elements referring to the beneficiaries, as well as the precise identification of the end to which

is intended for the judicial support, for the purposes set out in Article 24 (5) and in the

articles 30 and 31.

Article 23.

Previous hearing

1-A The prior hearing of the applicant for legal protection has mandatorily take place,

in writing, in cases where a decision is proposed to dismiss, total or

partial, of the application formulated, pursuant to the Code of Administrative Procedure.

2-If the applicant for legal protection, duly notified for the purpose of

prior hearing, not to comment on the time limit given to it, the proposal of

decision converts to a definite decision, no new notification is taking place.

3-A notification for the purpose of prior hearing contains express reference to the

comination provided for in the preceding paragraph, under penalty of this not being able to be applied.

Article 24.

Autonomy of the procedure

1-The procedure of legal protection in the modality of judicial support is autonomous

regarding the cause to which it respects, not having any repercussions on the progress

of this, with the exception of that provided for in the following numbers.

2-In the cases provided for in Article 467 (4) of the Code of Civil Procedure and, well

so in those in which, regardless of the circumstances referred to therein, be

pending challenge of the decision on the granting of judicial support, the author who

intend to benefit from this for dispensation or phased payment of the rate of justice must

join the initial petition document proving the submission of the respective application.

3-In cases provided for in the preceding paragraph, the author shall make the payment of the fee

of justice or of the first installment, when it is granted judicial support in the

modality of phased payment of rate of justice, within 10 days of the

date of notification of the decision which indefencates, in definitive, its application, under the

Comination provided for in Article 467 (5) of the Code of Civil Procedure.

4-When the application for judicial support is filed pending legal action and

the applicant intends for the appointment of patron, the deadline that is in progress interrupts-

43

if with the joining the autos of the document proving the presentation of the

application with which the administrative procedure is promoted.

5-The deadline interrupted by application of the provisions of the preceding paragraph is commencing,

as the cases:

a) From the notification to the appointed patron of its designation;

b) From the notification to the applicant of the decision to dismiss the application for

appointment of patron.

Article 25.

Deadline

1-The deadline for the completion of the administrative procedure and decision on the application

of legal protection is 30 days, it is continuous, not suspending during the holidays

judicial and, if it ends on a day when the social security services are

closed, transfer your term to the following 1 business day.

2-Elapsed the time limit referred to in the preceding paragraph without having been handed a

decision, considers himself to be tacitly deinjured and granted the request for legal protection.

3-In the case provided for in the preceding paragraph, it is sufficient to mention in court of the formation

of the tacit act and, when a request for the appointment of a patron, shall be

tramway subsequent to the formation of the tacit act will comply with the following rules:

a) When the application has been filed pending legal action, the

court in which the cause is pending requests the Order of Lawyers to

proceed to the appointment of the patron, pursuant to the porterie referred to in Article 45;

b) Where the application has not been filed pending the pending legal action,

incumbent on the person concerned to request the appointment of the patron, pursuant to the portaria

referred to in Article 45 para.

4-The court or, in the case referred to in paragraph b) from the previous number, the Order of the

Lawyers should confirm with the social security services the formation of the act

tacit, owing to these services to be answered within a maximum of two working days.

5-As long as it is not possible to make information available in a dematerialized manner and

in real time, social security services send monthly the information

on the requests for legal protection tacitly deposed to the Cabinet for the

Alternative Dispute Resolution, to the Order of Lawyers, if the application involves the

appointment of a patron, and to the court in which the action is found, if the application has

been presented in the pendency of legal action.

44

Article 26.

Notification and challenge of the decision

1-A The final decision on the application for legal protection is notified to the applicant and, if

the application involves the designation of patron, also to the Order of Lawyers.

2-A Decision on the application for legal protection does not admit complaint or appeal

hierarchical or tutelar, being susceptible to judicial challenge in the terms of the articles

27. and 28.

3-[ Revoked ].

4-If the application has been filed pending legal action, the decision

final on the request for judicial support is notified to the court in which the action is

finds outstanding, as well as, through this, to the contrary.

5-A contrary to the legal action for which judicial support has been granted

has legitimacy to challenge the decision in the terms of paragraph 2.

Article 27.

Judicial challenge

1-A Judicial challenge may be brought directly by the person concerned, not

careening of constitution of attorney, and must be delivered in the security service

social who appreciated the request for legal protection, within 15 days after the

knowledge of the decision.

2-The application for impugning must be written, but it does not lack to be articulated, being

only admissible documentary proof, the obtaining of which may be required through the

court.

3-Received the challenge, the social security service has 10 days to

repeal the decision on the request for legal protection or, by keeping it, send that and

authenticated copy of the administrative proceedings to the competent court.

Article 28.

Competent court

1-It is competent to know and decide the imputation the court of the comarch in which

is seated the social security service that appreciated the request for legal protection

45

or, in case the application has been formulated pending the action, the court in which this is

finds pending.

2-In the event that there are courts of specialized competence or competence

specific, the imputation must respect the respective rules of competence.

3-If the court considers itself incompetent, refer to the one you should know from the

challenge and notify the person concerned.

4-Received the imputation, this is distributed, when applicable, and immediately

conclusively to the judge, who, by means of concisely reasoned dispatch, decides,

granting or refusing the pavement, by extemporaneity or manifest

invitations.

5-A The decision handed down in the terms of the preceding paragraph is irrecurrable.

Article 29.

Reach of the final decision

1-A The decision that defs the application for legal protection specifies the modalities and the

concrete measure of the support granted.

2-For realization of the benefit of judicial support in the modalities provided for in the

points a ) and d ) of Article 16 (1), should the interested parties submit the document

proof of your grant or the submission of the respective application at the time

where they should present the document proving the payment of the fee for

justice.

3-[ Revoked ] .

4-The dismissal of the request for judicial support matters the obligation of payment

of the expense due, as well as, in the case that the appointment of patron, the

payment to the Institute for Financial Management and Infrastructure of Justice, I. P., da

amount provided for in Article 36 (2).

5-There is no final decision as to the request for judicial support at the time in

that should be carried out the payment of the justice fee and too much charge of the proceedings

judicial, shall proceed as follows:

a) In the event that the decision of the social security service is not yet known

competent, stay the deadline to proceed to the respective payment until

that such a decision shall be communicated to the applicant;

b) There has been already a decision of the social security service, granting support

judiciary in one or more modalities of phased payment, the payment of the

46

first installment is due within 10 days counted from the date of your

communication to the applicant, without prejudice to the subsequent refund of the amounts

paid in the case of provenance of the challenge of that decision;

c) Having already made a negative decision of the social security service, the payment is

due within 10 days counted from the date of its communication to the applicant,

without prejudice to the subsequent refund of the amounts paid in the case of provenance

of the imputation of that decision.

Article 30.

Appointment of patron

1-A The appointment of patron, being granted, is carried out by the Order of Lawyers,

in the terms of the porterie referred to in Article 45.

2-[ Revoked ].

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ].

Article 31.

Notification of the appointment

1-A The appointment of patron is notified by the Order of Lawyers to the applicant and to the

patron appointed and, in the cases provided for in Article 26 (3), in addition to being made

with the express warning of the beginning of the judicial period, is also communicated to the

court.

2-A notification of the decision of appointment of the patron is made with express mention,

as to the applicant, the name and office of the patron as well as the duty to give it

collaboration, under penalty of the judicial support to be withdrawn.

3-[ Revoked ].

4-[ Revoked ].

47

Article 32.

Replacement of the patron

1-The beneficiary of the judicial support may, in any process, apply for the Order

of the Lawyers the replacement of the appointed patron, substantiating his request.

2-Deinjured the application for replacement, apply, with due adaptations, the

terms of the articles 34 and following.

3-If the replacement of patron has been required pending a process, the

Order of Lawyers shall report to the court the appointment of the new patron.

Article 33.

Deadline for the purpose of the action

1-The patron appointed to the purposeful of the action shall intentate it in the 30 days

following notification of the appointment, submitting justification to the Order of Lawyers

or to the House of Solicitors if it does not institute the action at that time.

2-The appointed patron may apply for the Order of Lawyers or the Chamber of the

Solicitors the extension of the deadline provided in the preceding paragraph, by substantiating the

request.

3-When no justification is given, or this is not considered satisfactory, the

Order of Lawyers or the House of Solicitors shall proceed to the assessment of

possible disciplinary liability, being appointed new patron to the applicant.

4-A The action considers itself to be proposed on the date on which the application for

appointment of patron.

Article 34.

Request for escusa

1-The appointed patron may ask for escusa, upon application directed to the Order of the

Counsel or to the House of Solicitors, alleging the respective grounds.

2-The application for escusa, formulated in the terms of the preceding paragraph and presented in the

pendency of the process, interrupts the time frame that is under way, with the joining of the

respective document autos proving the said application, applying the

provisions of Article 24 (5)

3-The appointed patron shall communicate in the process the fact that he has submitted a

48

application for escusa, for the effects provided for in the preceding paragraph.

4-A The Order of the Lawyers or the House of Solicitors appreciates and deliberates on the

request for a scufflage within 15 days.

5-Being granted the escusa, proceeds immediately to the appointment and designation of

new patron, except in the case of the plea for the claim to be the inexistence

of legal grounds of the claim, in which case it may be refused new appointment to

the same end.

6-The provisions of the n. the

1 a 4 applies to cases of escusa by circumstances

supervenients.

Article 35.

Replacement in procedural due diligence

1-The appointed patron may understave, with reservation, for determined due diligence,

provided that it indicates substitute.

2-A remuneration of the substitute is the responsibility of the appointed patron.

3-[ Revoked ].

Article 35-The

Assignment of execution agent

When it is granted judicial support in the modality of assignment of agent of

execution, this is always an officer of justice, determined under the rules of the

distribution.

Article 36.

Charges

1-Whenever there is a judicial process, the charges arising from the granting of

legal protection, in any of its modalities, are taken the rule of expense to

final.

2-The charges arising from the granting of judicial support in the envisaged modalities

in the points b ), c ), and ) and f ) of Article 16 (1) are determined in the terms of portaria

of the member of the Government responsible for the area of justice.

49

Article 37.

Subsidiary regime

They shall apply to the procedure for granting legal protection the provisions of the

Administrative Procedure Code on everything that is not especially

regulated in this Law.

Article 38.

Counting of deadlines

The procedural deadlines set out in this Law shall apply to the provisions of the law

civil procedural.

CHAPTER IV

Special provisions on criminal procedure

Article 39.

Appointment of defender

1-A The appointment of the defender to the accused, the sponsorship dispensation and the replacement are

made pursuant to the Code of Criminal Procedure, this chapter and the porterie

referred to in Article 45 para.

2-A The appointment is preceded by the warning to the accused of his right to constitute

lawyer.

3-Case does not constitute counsel, the accused shall proceed, at the time it provides

term of identity and residence, to the issuance of a statement on income,

heritage and permanent expenditure of your household.

4-A The court's office should appreciate the economic insufficiency of the accused in

function of the statement issued and the criteria set out in this Law.

5-If the secretary would conclude by the economic insufficiency of the accused, it should be

appointed defender or, in the contrary, cautions him that he must constitute a lawyer.

6-A The appointment of defender to the accused, in the terms of the previous number, has character

provisional and relies on granting of judicial support by the security services

social.

7-If the accused does not apply for the granting of judicial support, he / she is responsible for the

50

payment of triple the value set out in accordance with Rule 36 (2)

8-If the social security services decide not to grant the benefit of support

judicial to the accused, this shall be subject to the payment of the value set out in the terms

of Article 36 (2), unless it is shown that the affidavit delivered pursuant to the

n. 3 was manifestly false, in which case it becomes subject to the payment of the quintuple of the

value set out in Article 36 (2).

9-If, in the case provided for in the final part of paragraph 5, the accused shall not constitute counsel and is

mandatory or deemed necessary or convenient the assistance of defender, must

this being named, staying the accused responsible for the payment of the triple the value

set out in accordance with Article 36 (2)

10-The application for the granting of judicial support does not affect the march of the

process.

Article 40.

Choice of Lawyer

[ Revoked ]

Article 41.

Scales of prevention

1-A appointment of defender for assistance to first cross-examination of defendants

held, for hearing in summary proceedings or for other urgent representations

provided for in the Code of Criminal Procedure it processes in accordance with Article 39, owing

be organized prevention scales of lawyers and trainee lawyers for that

effect, in terms to be defined in the porterie referred to in Article 45.

2-A appointment must fall in defender who, by constying of the prevention scales, if

present at the place of achievement of the due diligence after your call.

3-The defender appointed for an act may stay for the subsequent acts of the

process, in terms of regulating in the porterie referred to in Article 45.

4-[ Revoked ].

51

Article 42.

Dispensation of sponsorship

1-Lawyer appointed defender can ask for sponsorship dispensation, invoking

grounds that it deems to be fair, in an application addressed to the Order of Lawyers.

2-A Order of the Lawyers appreciates and deliberates on the application for dispensation of

sponsorship within five days.

3-As long as it is not replaced, the defender appointed for an act remains for the

subsequent acts of the process.

4-May, in case of urgency, be appointed another defender to the accused in the terms of the

would pore referred to in Article 45 para.

5-[ Revoked ].

Article 43.

Constitution of mandatary

1-Cessam the duties of the appointed defender whenever the accused constitute

mandated.

2-The appointed defender cannot, in the same process, accept mandate from the same

argued.

Article 44.

Provisions applicable

1-In all that is not specially regulated in this chapter relatively

the granting of legal protection to the accused in criminal proceedings apply, with the

necessary adaptations, the provisions of the previous chapter, with the exception of the provisions

in the n. the

2 and 3 of Article 18, and the judiciary shall be required to be required by the end of the

time frame of the decision in the first instance.

2-To the request for legal protection by anyone wishing to constitute an assistant or

formulating or contesting a claim for civil damages in criminal proceedings applies to

provisions of the previous chapter, with the necessary adaptations.

52

CHAPTER V

Final and transitional provisions

Article 45.

Participation of forensic professionals in the access to law

1-A admission of the forensic professionals to the system of access to law, the appointment

of patron and defender and the payment of the respective compensation are carried out in the

following terms:

a) The selection of forensic professionals must ensure the quality of services

provided to beneficiaries of legal protection under the access system

to the right;

b) Participants in the system of access to the right can be lawyers,

attorneys trainees and solicitors;

c) Forensic professionals can be appointed for batches of processes and scales

of prevention;

d) If the same fact gives cause to various processes, the system shall ensure,

preferentially, the appointment of the same representative or an officious defender to the

beneficiary;

e) All notifications and communications between the forensic professionals, the Order

of the Lawyers, the services of social security, the courts and the applicants

provided for in the system of access to the right must take place, where possible,

by electronic means;

f) The forensic professionals participating in the system of access to the right must

use all available electronic means in contact with the courts,

in particular with respect to the sending of procedural parts and requirements

autonomous;

g) The forensic professionals who do not observe the rules of the exercise of the sponsorship

and of the officious defence may be excluded from the system of access to the right;

h) The professional forensic practitioners participating in the right access system

of the system, regardless of the motive, before the transit on trial of a

process or the definitive term of a due diligence so that they are appointed

shall restore, within the maximum period of 30 days, all amounts delivered by

account of each ongoing process or due diligence;

i) The provisions of the preceding paragraph shall apply to cases of escuses and dispensation of

53

sponsorship, in respect of the processes in which it cates sponsorship and defence

officious;

j) Payment of compensation due to forensic professionals must be

processed until the end of the month following that in which it is due;

l) The out-of-court settlement of disputes, before the trial hearing, must be

encouraged upon the prediction of an increased compensation amount.

2-A admission of the forensic professionals to the system of access to law, the appointment

of patron and of defender and the payment of the respective compensation, pursuant to the

previous number, is regulated by the porterie of the member of the Government responsible for the

area of justice.

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ].

Article 46.

Collaboration of other institutions with the Order of Lawyers

[ Revoked ]

Article 47.

Legal consultation offices

[ Revoked ]

Article 48.

Commission of follow-up

[ Revoked ]

Article 49.

Social security charges

The burdens arising from the present law to be assumed by the social security services are

supported by the State Budget, upon transfer of the corresponding

appropriations for the social security budget.

54

Article 50.

Abrogation standard

The Act n 30-E/2000 of December 20 is repealed.

Article 51.

Transitional arrangements

1-The amendments made by this Law apply only to applications for support

Judiciary that are formulated after the September 1, 2004.

2-The prosecutions of judicial support initiated until the entry into force of this Law are

applicable the previous legal regime.

3-In the pending legal proceedings on September 1, 2004 in which not yet

has been required the benefit of judicial support, this may be required until the

traffic on trial of the final decision.

Article 52.

Transposition

This Act carries out the partial transposition of Directive No 2003 /8/CE of the Council,

of January 27, concerning the improvement of access to justice in cross-border disputes,

through the establishment of common minimum rules regarding the judicial support in the

scope of such disputes.

Article 53.

Entry into force

This Law shall enter into force on September 1, 2004, save Article 6 (4) and the

n Article 16 (4), which come into force on the November 30, 2004.