First Amendment To Law No. 34/2004, Of 29 July, Amending The Arrangements For Access To The Law And The Courts

Original Language Title: Primeira alteração à Lei n.º 34/2004, de 29 de Julho, que altera o regime de acesso ao direito e aos tribunais

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445794d5331594c6d527659773d3d&fich=ppl121-X.doc&Inline=false

1 PROPOSAL of law No. 121/X explanatory statement After about two and a half years since the entry into force of law No. 34/2004, of 29 July, which changed the system of access to the law and the courts with the key objective to make more rigorous the procedure for granting legal protection and strengthen the information component and legal consultation , it was appropriate to assess this scheme, identifying and introducing aspects in need of improvement or amendment. One of the central objectives of this amendment is to strengthen the effective access to the law and the courts, this law is constitutionally enshrined. In this sense, chooses, by clarifying the concept of economic failure introduced with law No. 34/2004, of 29 July, which shall make express reference to objective factors relating to the applicant and his/her family members, which are today considered for the calculation of relevant income for the purpose of legal protection – in particular, the income, assets and permanent expenditure of those-and on the other hand, for the review of the criteria for assessment of that inadequacy by lifting the income reference values relevant for the purposes of legal protection and accounting of the number of elements in the household, in order to make it more fair, thus allowing the extension of the legal protection. It is, also, in an effort to recognize the particular relevance of the right of access to the law and the courts, the transposition of the criteria for assessment of economic failure, the present fashioned attached to the law, to the articles of the same, and that implement the concept of relevant income for the purpose of legal protection, the present enshrined in ministerial order No. 1085/2004 , 31 August to the annex that, thus subjecting such options to the last decision of the sovereign body representing all citizens. In response to the need to rationalize, simplify and promote the quality of sponsorship and unofficial defense, opens the way for the introduction of new rules relating to the admission of forensic professionals to access the right system, appointment of patron and defender and payment of their compensation. Thus, the regulation 2, in particular, the model of recruitment and selection of legal professionals who ensure the quality of services provided, the participation of lawyers, advocates and solicitors trainees in the system of access to the law and the possibility of the appointment of forensic professionals to be held for batches of single steps and processes. Will be also regulated the legal professionals ' remuneration system, intending that this ensures a speedy processing of payments and promote the out-of-court settlement of disputes. Is created, Furthermore, in addition to the free legal consultation which incorporates, to the present, legal protection, legal consultation subject to prior payment of a fee, that can benefit the applicant, on the basis of relevant income for the purpose of legal protection established, are entitled to legal aid in any of its procedures, but not the free legal consultation. It is intended, in this way, ensure the provision of legal advice to lower cost to all citizens whose economic situation justifies the granting of legal protection. Also in line with the enhanced access to the law and the courts, dedicates the possibility of legal advice, free of charge or subject to payment of fee, to be provided either in legal consultation offices, whether in the offices of lawyers who participate in the system of access to the law, in a logic of promoting greater coverage of the national territory, closing the citizen. Legal aid, in turn, applies also in alternative dispute resolution structures, in addition to the Justice of the peace, in a position to regulate by Ordinance. As regards the legal information, and recognizing the fundamental role of the State in the clarification to the citizen, commits itself to the Ministry of Justice, in collaboration with the stakeholders, the duty of his performance. Legal protection, in its procedures for legal consultation and legal aid, is also the subject of reweighting, towards the clarification of the scope and procedure. Thus, in addition to the intervention aimed at the strengthening of the right of access to the law and the courts, after mentioned, explains that the legal advice intended for technical clarification on the applicable law, or place the out-of-court efforts for conflict resolution. On the other hand, is suppressed the legal advice for consideration by the lack of legal basis of the claim for the purpose of naming patron, introduced, while autonomous act, with the law No. 34/2004, of 29 July, by understanding that this type of 3 legal advice, in addition to making the legal protection system, burocratiza the procedure for granting the benefit with clear prejudice to the applicant. With regard to legal aid, eliminates the possibility of granting partial waiver of fee and other charges with the process, whose logic is manifestly inconsistent with the phased payment mode introduced by law No 34/2004, of 29 July. On the other hand, delete the payment arrangements and phased payment of the remuneration of the bailiff designated by establishing a regime in which the enforcement agent shall be always a bailiff. Wanted, thus overcoming the entorpecimentos checked on executive actions where the operator benefits from legal aid, being the example not promotion, by a bailiff, bailiff importing payments the third entities, as in the case of foreclosures with removal of goods. On the other hand, eliminates the possibility of granting legal aid to for-profit corporations and limited liability individual establishments. Establishes a special regime for the criminal proceedings aimed at discouraging the use of a lawyer for defendants who are not in a situation of economic failure. It is, on the other hand, the systematic reorganization of the regulatory arrangements for legal assistance, enforce the various submodalities phased payment – the payment of which shall be regulated by law, in order to simplify the application and decision-making with regard to modalities. peticionadas concrete The improvement of the system of access to the law is also coveted at the level of the administrative procedure for the granting of legal protection, which is this law improvements and minor corrections. Since it is introduced the possibility for the applicant to request that the assessment of economic failure takes into account only those elements pertaining to you or your household's share, which may be appropriate in situations where the benefit is required for litigation involving his own household. The competence for consideration of this particular request is assigned to the same entity that decides the issue of legal protection, and, in both cases, the susceptibility of delegation and sub-delegation of these competencies. On the other hand, looking for spice objectivity inherent in the economic 4 failure criteria outlined for natural persons in law No. 34/2004, of 29 July, introduces a new mechanism for assessing applications for legal protection, which allows the maximum leader of the social security services responsible for the decision on the grant of the benefit decide, with special reasons , differently from that which would result from the application of the criteria laid down in the law if this drive, in this case, an obvious denial of access to the law and the courts. The aim now pursued is the same as the assumed in 2004, with the forecast, in paragraph 2 of article 20 of law No. 34/2004, of 29 July, the Commission made up of representatives of the Ministry of Justice and judicial entities. This Commission has not arrived, however, being established, judging more appropriate and feasible to replace it by the engine now, especially since the high number of requests to the social security advances as likely to consignment that doesn't seem coadunável with its collegiate nature. Also at this level is intended to promote administrative simplification, in particular within the framework of compulsory prior ruling hearing now that the proposal for a decision rejecting, in whole or in part, become final, without the necessity of new notification to the applicant, when the same notified to decide, tell nothing. The Bar Association were heard, the Supreme Judicial Council, the Board of Governors of the Administrative and tax Courts and the Association of bailiffs. The necessary steps were promoted to hearing the Chamber of bailiffs, of the Supreme Council of the Public Ministry, the Council of Justice, officers of the Trade Union Association of Portuguese Judges, the prosecutors ' Union, the Union of Judicial Employees, the Union of officers of Justice.


So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 5 article 1 amendment to law No. 34/2004, of 29 July articles 3, 4, 7, 8, 10, 11, 13 to 18, 20, 23 to 25, 27 to 36, 39 and 41 to 45 of the law No. 34/2004 , of 29 July, are replaced by the following: ' article 3 [...]

1 - [...]. 2-the State will guarantee adequate compensation to legal professionals that participate in the system of access to the law and the courts. 3-it is forbidden to forensic professionals that provide services under the access to law in any of its modalities is paid, on the basis of them, different from remuneration that have right in accordance with the provisions of this law and of the Ordinance referred to in article 45 article 4 [...]

1-[previous article body]. 2-the legal information is provided by the Ministry of Justice, in collaboration with all stakeholders, and may be concluded protocols for this purpose.

Article 7 personal 1-[...]. 2 - [...]. 3-legal persons with non-profit and limited liability individual establishments are not entitled to legal protection. 4-not-for-profit legal persons only have right to legal protection in the form of legal aid, and to about the 6 test referred to in paragraph 1. 5-[previous paragraph 4].

Article 8 [...]

1-is in a situation of economic failure that that, taking into account the income, assets and the permanent household expenditure, has no objective conditions to support promptly the costs of a process. 2-the provisions of the preceding paragraph shall apply, mutatis mutandis, to the non-profit legal persons. 3-[Repealed]. 4-[Repealed]. 5-[Repealed].

Article 10 [...]

1-legal protection is cancelled in its entirety either in respect of any of its modalities: a) If the applicant or their household to acquire sufficient resources to be able to dismiss it; b) [...]; c) [...]; d) [...]; e) [...]; f) if the applicant who has been granted legal aid in phased payment mode not to proceed to the payment of a benefit and keep this failure at the end of the period is granted to proceed to payment plus the applicable ticket missing. 2 - [...]. 3-legal protection may be canceled ex officio by the social security services or at the request of the Prosecutor, of the order of 7 Lawyers, of the opposing party, the patron named or assigned enforcement agent. 4 - [...]. 5-Being cancelled the legal protection afforded, the decision is communicated to the competent court and the bar association or the Chamber of bailiffs, as appropriate.

Article 11 [...]

1 - [...]. 2-legal aid in procedures for appointment and payment of fees of patron and and phased payment of fees of patron is incompatible with the patronage of the public prosecutor under the conditions laid down in the code of labour procedure.

Article 13 [...]

1 - [...]. 2 - [...]. 3 - [...]. 4 - [...]. 5-the amounts charged shall accrue to the Office of financial management and Justice infrastructure, i. p. 6-[...].

Article 14 [...]

1-the legal query consists in clarifying the law applicable to technical issues or specific cases in which legitimate personal interests or rights avultem own injured or threatened with injury. 2-within the framework of legal advice fit the extrajudicial efforts arising directly from the legal advice provided or 8 show essential for the clarification of the question. 3-[Repealed]. 4-[Repealed].

Article 15 Provision of legal advice 1-legal advice can be provided in legal consultation offices or at the offices of lawyers who adhere to the system of access to the law. 2-the provision of legal advice must tend to cover the entire national territory. 3-the creation of legal consultation offices, as well as its rules of operation, are approved by order of the Member of Government responsible for the area of Justice, heard the Bar Association. 4-legal consultation offices may cover the provision of services by solicitors in molds to agree between the Chamber of bailiffs, the Bar Association and the Ministry of Justice. 5-the preceding paragraphs shall not preclude the provision of legal advice by other public or non-profit private, pursuant to law or set by protocol concluded between these entities and the Bar Association and subject to approval by the Ministry of Justice.

Article 16 [...]

1-legal aid comprises as follows: a) waiver of Justice fee and other charges with the process; b) Appointment and payment of compensation of patron; c) payment of compensation of public defender; d) phased Payment of fee and other charges with the process; and) appointment and phased payment of compensation of patron; f) phased Payment of compensation of public defender; 9 g) allocation of enforcement agent. 2-subject to the terms set by law, the periodicity of payment may be changed depending on the value of benefits, the procedures referred to in points (a) d) f) of the preceding paragraph, the value of the monthly of beneficiaries of legal aid is the following: the 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 Social support Index; b) 1/36 of the annual value of the relevant income for the purpose of legal protection, if this is greater than one and a half times the value of the Social support Index. 3-The procedures referred to in points (a) d) f) of paragraph 1 are not required payments that fall due after the expiry of four years from the final transit of the final decision of the case. 4-going on plurality of causes relating to the same applicant or his/her family members, the period mentioned in the preceding paragraph include since the traffic in the last final decision. 5-the payment of benefits relating to the procedures referred to in points (a) to (d)) f) of paragraph 1 shall be made in the terms set by law. 6-If the applicant is a legal person legal aid, legal aid does not cover the form referred to in points (d)) f) of paragraph 1. 7-[previous paragraph 4].

Article 17 [...]

1-the legal aid scheme applies in all courts, whatever the form of the process, in justices of the peace and other alternative dispute resolution structures to be defined by order of the Member of Government responsible for the area of Justice. 2-the legal aid scheme applies also, mutatis mutandis, in cases of alleged infringement. 3-legal aid is applicable in the processes that run on the protective measures, in the terms set by law. 10 article 18 application for legal aid 1-[...]. 2-legal aid must be requested before the first procedural intervention, unless the situation of economic failure is incidental, in which case should be required before the first procedural intervention that occurs after the knowledge of the situation of economic failure. 3-if prevailing economic failure, suspended the deadline for payment of the fee and other charges with the process until the final decision on the application for legal aid, applying the provisions of paragraphs 4 and 5 of article 24 4-[...]. 5 - [...]. 6 - [...]. 7 - [...].

Article 20 [...]

1-the decision on the grant of legal protection it is the maximum leader of the social security services in the area of residence or seat of the applicant. 2-[previous paragraph 3]. 3-the jurisdiction referred to in the preceding paragraphs is capable of delegation and sub-delegation. 4-the decision on the request referred to in paragraphs 6 and 7 of Article 8a also competes at the maximum leader of the social security services responsible for the decision on the grant of legal protection, being capable of delegation and sub-delegation.

11 Article 23 [...]

1-the prior hearing of the applicant for legal aid must place in writing in cases where it is proposed a decision rejecting all or part of the request, under the code of administrative procedure. 2 the applicant for legal protection, duly notified for the purposes of preliminary hearing does not rule within that it is granted, the decision becomes final, there is no place the new notification. 3-the notification for the purposes of prior audience contains reference to making provision provided for in express preceding paragraph, this cannot be applied.

Article 24 [...]


1 - [...]. 2-in the cases provided for in paragraph 4 of article 467.º of the code of Civil procedure, as well as those in which, regardless of the circumstances there referred to, are pending challenging the decision concerning the granting of legal aid, the author wishing to benefit from this for exemption or phased payment of justice must join the application proof of submission of the application. 3-in the cases referred to in the preceding paragraph, the author must make the payment of the fee or the first installment, when legal aid is granted in the form of phased payment of fee, within 10 days from the date of notification of the decision dismissing ultimately your request under the making provision referred to in paragraph 5 of article 467.º of the code of Civil procedure. 4 - [...]. 5 - [...].

12 article 25 [...]

1 - [...]. 2 - [...]. 3-in the case referred to in the preceding paragraph, it is sufficient to mention in Court of the formation of the tacit and act when you're concerned a request for appointment of a patron, the course following the formation of the Act will obey the following rules: tacit a) where the application has been filed pending court proceedings, the Court in which the cause is pending calls to the Bar Association to appoint the patron in accordance with the provisions of the Ordinance referred to in article 45; b) where the application has not been filed pending court action, it is for the interested to request the appointment of a patron, pursuant to the Ordinance referred to in article 45-4 the Court or, in the case referred to in point (b)) of the preceding paragraph, the Bar Association should confirm social security services training Act Tacitus, which services respond within two business days. 5-While it is not possible to make the dematerialized and information in real time, social security services send monthly information relating to applications for legal protection tacitly accepted the Office for alternative dispute resolution, to the Bar Association if the request involves the appointment of a patron, and the Court in which the action is If the application has been filed pending court action.

Article 27 [...]

1-the judicial review can be initiated directly by the interested party, not lack of Constitution, and must be delivered to the social security service has enjoyed legal protection application, within 15 days after the notice of the decision. 13 2-[...]. 3-Received the challenge, the social security Office has 10 days to repeal the decision on the application for legal aid or keeping it, send that and certified copy of the administrative procedure to the competent court.

Article 28 [...]

1-shall have jurisdiction to hear and decide the dispute the Court of the judicial district in which is based the social security service that enjoyed legal protection or request, if the request has been made pending the action, the Court in which this is pending. 2-where there are specialised courts or specific competence, the dispute must comply with the respective rules of jurisdiction. 3 - [...]. 4 - [...]. 5-the ruling under the preceding paragraph is non-actionable.

Article 29 [...]

1 - [...]. 2-For the benefit of legal aid in the manner provided for in (a)) and d) of paragraph 1 of article 16, should interested parties submit the proof of his claim or the submission of an application at the moment should present the document certifying payment of the fee. 3-[Repealed]. 4-the rejection of the application for legal aid matters the obligation of payment of costs due and, in the case of having requested the appointment of a patron, the payment to the Office of financial management and Justice infrastructure, i. p. the amount provided for in paragraph 2 of article 36 14 5-there is no final decision concerning the application for legal aid at the time should be the payment of the fee and other charges of judicial process shall be as follows: (a)) [...]; b) Having been already social security service decision, granting legal aid in one or more modalities of phased payment, payment of the first installment is due within 10 days from the date of its communication to the applicant, without prejudice to the subsequent reimbursement of sums paid in the case of origin of challenging that decision; c) Having been already negative decision of the social security service, payment is due within 10 days from the date of its communication to the applicant, without prejudice to the subsequent reimbursement of sums paid in the case of origin of challenging that decision.

Article 30 [...]

1-the appointment of patron, being granted, is held by the Bar Association, in accordance with the Ordinance referred to in article 45 2-[Repealed]. 3-[Repealed]. 4-[Repealed]. 5-[Repealed].

Article 31 [...]

1-the appointment of patron is notified by the Bar Association to the applicant and to the patron named and, in the cases provided for in paragraph 3 of article 26, in addition to be made with the express warning from the beginning of the term, it is also communicated to the Court. 2 - [...]. 3-[Repealed]. 15 4-[Repealed].

Article 32 [...]

1 - […]. 2 - […]. 3-If the replacement of patron has been required pending a lawsuit, the bar association must inform the Court of the appointment of the new patron.

Article 33 [...]

1-the patron named for the action was brought must intentá her in the 30 days following the notification of appointment, showing justification to the bar association or the Chamber of bailiffs if you don't initiate the action in that period. 2-the patron named may apply to the bar association or the Chamber of bailiffs to extension of the period laid down in the preceding paragraph, justifying the request. 3-When is not filed justification, or this is not considered satisfactory, the bar association or the Chamber of bailiffs is to proceed to the consideration of possible disciplinary responsibility, being appointed new patron to the applicant. 4 - [...].

Article 34 [...]

1-the patron named can ask excuse, upon request directed to the bar association or the Chamber of bailiffs, stating the reasons. 2 - [...]. 3-the patron named must communicate in the process that it has lodged an application for excusal 16, for the purposes set out in the preceding paragraph. 4 - [...]. 5-Being granted the excuse, the appointment and designation of new patron, except in the case of the Foundation of the request for excuse being the lack of legal basis of the claim, in which case can be refused new appointment for the same purpose. 6 - [...].

Article 35 [...]

1-the patron named can, subject to Committee or diligence, provided that indicate replacement. 2-the remuneration of the replacement is the responsibility of the patron named. 3-[Repealed].

Article 36 [...]

1-[previous article body]. 2-the burden arising from the granting of legal aid in the manner provided for in paragraph 1 (b)), c), and) and f) of paragraph 1 of article 16 shall be determined in terms of order of the Member of Government responsible for the area of Justice.

Article 39 [...]

1-the appointment of the Defender to the defendant, the waiver of sponsorship and the replacement are made under the code of criminal procedure, of this chapter and of the Ordinance referred to in article 45 2-the nomination is preceded by the warning to the defendant of his right to be a lawyer. 3-If not a lawyer, the defendant shall, at the time 17 which provides term of identity and residence, the issuance of a Declaration on the income, assets and expenses of your household. 4-the clerk of the Court must enjoy the economic failure of the defendant on the basis of the Declaration and of the criteria laid down in this law. 5-If the secretariat concluded by the economic failure of the defendant, must be appointed an advocate or, conversely, warned him that he must be a lawyer. 6-the appointment of defending the accused, in accordance with the provisions of the preceding paragraph, have provisional and depends on granting legal aid for social security services. 7-If the defendant does not request the granting of legal aid, is responsible for the payment of three times the value established under paragraph 2 of article 36-8 social security services decide not to grant the benefit of legal assistance to the accused, this is subject to the payment of the value established under paragraph 2 of article 36 unless it is shown that the Declaration made pursuant to paragraph 3 was patently false, in which case it is subject to the payment of five times the value laid down in paragraph 2 of article 36-9 If, in the case referred to in the last part of paragraph 5, the defendant is not a lawyer and is required or considered necessary or convenient to the assistance of an advocate , should this be named, leaving the defendant liable to pay triple the value established under paragraph 2 of article 36-10 [previous paragraph 4].

Article 41 Scales of prevention


1-the appointment of an advocate to assist the first interrogation of defendant detained, for hearing in summary proceedings or for other urgent steps provided for in the code of criminal procedure takes place under article 39 and shall be arranged prevention 18 scales for lawyers and trainee lawyers for that purpose, in accordance with the set in the Ordinance referred to in article 45 2-the appointment must fall in fielder , consisting of scales of prevention, if present in the place of performance of the stage after their call. 3-the public defender for an act can keep for the subsequent acts of the process, in accordance with the regulatory Ordinance referred to in article 45 4-[Repealed].

Article 42 [...]

1-the Attorney appointed Defender may request exemption from sponsorship, invoking grounds which it considers fair, in application to the Bar Association. 2-the Bar Association appreciates and decides on the request for waiver of sponsorship within five days. 3 - […]. 4-Can, in an emergency, be appointed another Defender to the defendant, pursuant to the Ordinance referred to in article 45 5-[Repealed].

Article 43 [...]

1 - [...]. 2-the public defender may not in the same process, accepting the mandate even accused.

Article 44 [...]

1-everything that is not specifically regulated in this chapter concerning the granting of legal protection to the accused in 19 criminal procedure shall apply, mutatis mutandis, the provisions of the previous chapter, except as provided in paragraphs 2 and 3 of article 18, and the legal aid be required until the end of the period of appeal in first instance. 2 - [...].

Article 45 participation of legal professionals access to the right 1-the acceptance of the system of legal professionals access to the law, the appointment of patron and defender and the payment of the respective compensation is in the following terms: a) the selection of legal professionals must ensure the quality of services provided to beneficiaries of legal protection under the system of access to the law; b) the participants in the system of access to the right can be lawyers, trainees and solicitors; c) forensic professionals may be appointed for lots of processes and scales of prevention; d) If the same fact der cause the various processes, the system must ensure, preferably, the appointment of the same agent or lawyer to the beneficiary; and) all notices and communications among legal professionals, the Bar Association, the social security services, the courts and the applicants referred to in the right access system shall take place, whenever possible, by electronic means; f) forensic professionals participating in the right access system must use all means available in electronic contact with the courts, in particular as regards the submission of briefs and autonomous requirements; g) forensic professionals who do not observe the rules of exercise of patronage and unofficial defense can be excluded from the system of access to the law; h) participating in the system of legal professionals access to the right to exit the system, regardless of the reason, before traffic 20 final of a process or the final term of a coach to be appointed must return, within 30 days, all amounts delivered by each process or stage underway; I) the provisions of the preceding paragraph shall apply to cases of excuse and exemption from sponsorship, in relation to the proceedings in which the sponsorship ceases and the unofficial defense; j) the payment of the compensation due to legal professionals should be rendered until the end of the month following that in which it is due; l) extrajudicial resolution of disputes, before the hearing of the trial, should be encouraged by the prediction of an amount of compensation plus. 2-the acceptance of the system of legal professionals access to the law, the appointment of patron and defender and the payment of the respective compensation, in accordance with the provisions of the preceding paragraph, is regulated by order of the Member of Government responsible for the area of Justice. 3-[Repealed]. 4-[Repealed]. 5-[Revoked].»

Article 2 amendment to the annex to law No. 34/2004, of 29 July, the annex to law No. 34/2004, of 29 July, is replaced by the following: ' annex relevant income calculation for the purposes of legal protection I – relevant Income for the purpose of legal protection 1-relevant income for the purpose of legal protection (YAP) is the amount resulting from the difference between the value of complete household net income (YC) and the value the relevant deduction for the purposes of legal protection (A), namely, YAP = YC-a. 21 2-relevant income for the purpose of legal protection (YAP) is expressed in multiples of the Social support Index.

II – complete household net income 1-the value of complete household net income (YC) results from the sum of the value of the net revenue of the household (Y) with the amount of the implicit financial income calculated on the basis of the household balance sheet assets (YR), namely, YC = Y + yr. 2-By household net income (Y) means the income after the deduction of income tax and compulsory contributions to social protection systems. 3 – calculating the implicit financial income is carried out under the conditions laid down in section V.

III-relevant Deduction for the purposes of legal protection 1-the value of the relevant deduction for the purposes of legal protection (A) results from the sum of the value of the deduction of costs of basic household needs (D) with the amount of the deduction of housing costs in the household (H), i.e. A = D + H. 2 – the value of the deduction of costs of basic household needs (D) results from applying the following formula : CYd n     Nld        ) 2 1 1 (1, where (n) is the number of elements in the household, and (d) is the coefficient of expense deduction with basic household needs, determined on the basis of the various income brackets, as provided for in the table of point VI. 3-the amount of the deduction of housing costs in the household (H) results of the application of the coefficient (h) to value of complete household net income (YC), i.e. H = CYh , where (h) is determined in function of the different levels of income, as provided for in the table of section VII.

IV – Formula for calculating the value of the relevant income for the purpose of legal protection 22 the value of relevant income for the purpose of legal protection, specified in items (I) to (III), is calculated using the following formula: 2 1 11 CAP Yhd n LnY                          calculation formula follows from the following algebraic identities : C C CAP YhH Yd n Nld HDA    AYY               ) 2 1 1 (1 so for elementary arithmetic operations: 2 1 11 2 1 1 2 1 11) (CAP CCCAP CCCAP CAP Yhd LnY YhYd n LnYY n YhYd n LnYY HDYY                                     
                                               V-calculating the implicit financial income 1-the amount of the implicit financial income referred to in paragraph 1 of point (II) is calculated by applying a reference interest rate to the value of equity assets in the household. 2-the reference interest rate is Euribor six months corresponding to the mean value verified in the months of December or June last, depending on the application for legal aid is submitted, respectively, on the first or second semester of the current calendar year. 3-term property value whichever is higher between the declared by the applicant in the request for legal protection, the land register and entered in the document that there's constant created its acquisition. 4-When the home address of the calculation referred to in paragraph 1 only if includes the value of that if it exceeds 100 000 euros and in strict measure of that excess. 5-the value of the shares and securities is that that result from 23 quote in stock market the day before the presentation of the application for legal aid or, failing that, the face value. 6-term value of movable property subject to registration the market value.

Vi – the Table referred to in paragraph 2 of section III youth complete household net income (YC) (annual values expressed in euro) expense deduction coefficients (d) YC YC YC 4 500 ≤ ≤ ≤ 9000 13 500 YC YC ≥ 18000 0.217 VII – Table referred to in paragraph 3 of section III full net income earners in the household (YC) (annual values expressed in euro) relief Coefficients expenses (h) YC YC YC 4 500 ≤ ≤ ≤ 9000 13 500 YC YC ≥ 18000 0.184» article 3 additions to law No. 34/2004, of 29 July articles are added 8A, 8B and 35 to the law No. 34/2004, of 29 July, as follows:


24 «Article 8-the assessment of economic failure 1-economic failure of individuals is assessed according to the following criteria: a) the applicant whose household has a relevant income for the purpose of legal protection equal to or less than three-quarters of the Social support Index has no objective conditions to support any amount related to costs of a process and should also benefit from the allocation of enforcement agent and free legal consultation; (b)) the applicant whose household has a relevant income for the purpose of legal protection for more than three rooms and more than two and a half times the value of the Social support Index has objective conditions to support the costs of a legal consultation subject to prior payment of a fee, but there's no objective conditions to support promptly a process and costs therefore benefits from legal aid in phased payment and enforcement agent; (c)) is not in a situation of economic failure the applicant whose household has a relevant income for the purposes of legal protection of more than two and a half times the value of the Social support Index. 2-the relevant income for the purpose of legal protection is the amount resulting from the difference between the value of complete household net income and the value of the relevant deduction for the purposes of legal protection and is calculated in accordance with the annex to this law. 3-it is considered to belong to the same household, the people who live in common economy with the applicant for legal protection. 4-the value of the fee due for the provision of legal advice referred to in point (b)) of paragraph 1 shall be fixed by order of the Member of Government responsible for the area of Justice. 5-If the value of credits deposited in bank accounts and the amount of 25 securities admitted to trading on the regulated market of which the applicant or any member of your household are holders are greater than 24 times the amount of the Social support Index, it is considered that the legal aid applicant is not in a situation of economic failure regardless of the value of the relevant income for the purposes of legal protection of the household. 6-the applicant may request, in exceptional cases and for justified reason, that the assessment of economic failure into account only income, legacy and permanent spending or him and some elements of his household. 7-in the event of a dispute with one or more elements of the household, the assessment of economic failure takes into account only the income, assets and permanent expenditure of the applicant or of him and some elements of his household, since he so requests. 8-If, in a particular case, the maximum leader of the social security services responsible for the decision on the grant of legal protection understand that the application of the criteria laid down in the preceding paragraphs leads to a manifest denial of access to the law and the courts can, by order especially based and without possibility of delegation, decide differently from that resulting from the application of those criteria.

Article 8b 1 economic failure-proof evidence of economic failure is made in accordance with the set by order of Ministers responsible for Justice and social security. 2-In case of doubt on the verification of a situation of economic failure, can be requested by the maximum leader of the social security service who appreciates the request the applicant to authorize, in writing, the access to information and bank documents and that these are displayed before this service and, when appropriate, before the tax administration. 26 3-If all the necessary elements to the test of economic failure are not delivered with the application of legal protection, social security services shall notify the person concerned, with express reference to making provision referred to in the following paragraph, to which this report within 10 days, suspending the time limit for the tacit Act training. 4-at the end of the period referred to in the preceding paragraph, if the person concerned has granted to the presentation of all the evidence required, the request is rejected, without need for further notice to the applicant.

Article 35-the role of enforcement agent When legal aid is granted in the form of assignment of enforcement agent, this is always an officer of Justice, determined in accordance with the rules of distribution.»

Article 4 amendment to the code of criminal procedure articles 61, 62, 64, 65 and 67 of the code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February and amended by Decree-Law No. 387-E/87, of 29 December, 212/89, of 30 June, and 17/91, of 10 January, by law No. 57/91 , 13 August, by Decree-Law No. 423/91, of the 30 October, 343/93, of October 1, and 317/95 of 28 November, by paragraphs 59/98, of 25 August, 3/99, of 13 January, and 7/2000, of 27 May, by Decree-Law No. 320-C/2000, of 15 December, by paragraphs 30-E/2000 , of 20 December, and 52/2003, of 22 August, by Decree-Law No. 324/2003, of December 27 and by law No. _ _ _/_ _ _, are replaced by the following:% quot% article 61 [...]

1-the defendant enjoys, in particular, at any stage of the process and saved the exceptions to the law, the rights to: 27 a) [...]; b) [...]; c) [...]; d) [...]; and) Constitute attorney or request the appointment of an advocate; f) [...]; g) [...]; h) [...]; i) [...]. 2 - [...]. 3 - [...].

Article 62 [...]

1 - [...]. 2-[Repealed]. 3-[Repealed]. 4 - [...].

Article 64 [...]

1 - [...]. 2-outside the cases referred to in the preceding paragraph may be appointed an advocate to the defendant, at the request of the Court or of the accused, whenever the circumstances of the case reveal the need or desirability of the accused to be assisted. 3-Notwithstanding the preceding paragraphs, if the defendant does not have a lawyer constituted neither public defender is mandatory the appointment when defender against him is less charge, and the identification of the proponent in order for termination of the investigation. 4-[Repealed].

28 article 65 [...]

Being several defendants in the same process, can they be assisted by a single Defender, if that doesn't contradict the Defense function.

Article 67 [...]

1-If the Defender for an act where assistance is required, do not show up, leaving before or refuse or abandon the defense, is immediately appointed another fielder; also, when the immediate nomination proves impossible or inconvenient, be decided to interrupt the completion of the Act. 2 - […]. 3 - […].»

Article 5 Rules The Ordinances referred to in paragraph 4 of Article 8a, paragraph 1 of article 8 (B), in paragraph 1 of article 17, paragraph 2 of article 36 and paragraph 2 of article 45 shall be adopted no later than 60 days after the entry into force of this Decree.

Article 6 the following shall be repealed: the set Standard) articles 5, paragraphs 3 to 5 of article 8, paragraphs 3 and 4 of article 14, article 21, paragraph 5 of article 22, paragraph 3 of article 26, paragraph 3 of article 29, paragraphs 2 to 5 of article 30, paragraphs 3 and 4 of article 31 paragraph 3 of article 35, article 40, paragraph 4 of article 41, paragraph 5 of article 42, paragraphs 3 to 5 of article 45 and articles 46 to 48 of law No. 34/2004, of 29 July; b) paragraphs 2 and 3 of article 62, paragraph 4 of article 64, paragraph 2 of article 65 and article 66 of the code of criminal procedure, approved by Decree-Law No. 78/87, of 29 February 17 and amended by Decree-Law No. 387-E/87, of 29 December, 212/89, of 30 June , and 17/91, of 10 January, by law No. 57/91 of 13 August, by Decree-Law No. 423/91, of the 30 October, 343/93, of October 1, and 317/95 of 28 November, by paragraphs 59/98, of 25 August, 3/99, of 13 January, and 7/2000, may 27 , by Decree-Law No. 320-C/2000, of 15 December, by paragraphs 30-E/2000, of 20 December, and 52/2003, of 22 August, by Decree-Law No. 324/2003, of December 27 and by law No. _ _ _/_ _ _. c) articles 6 to 10 and 16 to 18 of the ministerial order No. 1085/2004, of August 31.

Article 7 transitional arrangements the amendments introduced by this Act apply only to applications for legal protection filed after its entry into force.

Article 8 Republish the law No. 34/2004, of 29 July, in the version resulting from this amendment, is republished in Annex, which is an integral part of this law.

Article 9 entry into force this law enters into force on 1 January 2008.

Seen and approved by the Council of Ministers of 22 February 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 30 Annex Republication of the law No. 34/2004, of 29 July chapter I article 1 objectives and Design Purposes


1 – the system of access to the law and the courts is intended to ensure that no one is hampered or prevented, because of their social or cultural condition, or by insufficient economic means, the knowledge, the exercise or protection of their rights. 2-to achieve the objectives referred to in the preceding paragraph, will develop measures and mechanisms organized legal information and legal protection.

Article 2 Promotion 1 – access to the law and the courts is a responsibility of the State, to promote, inter alia, through cooperation with the institutions devices representing the legal professions. 2-access to the right includes legal information and legal protection.

Article 3 1 Operation – the system of access to the law and the courts will work so that the services provided to its clients are qualified and effective. 2-the State will guarantee adequate compensation to legal professionals that participate in the system of access to the law and the courts. 3-it is forbidden to legal professionals who provide services in the context of access to the law in any of its modalities is paid, on the basis of them, different from remuneration that have right in accordance with the provisions of this law and of the Ordinance referred to in article 45 31 CHAPTER II legal information article 4 duty 1-State shall carry out, permanently and planned , measures to make known the law and legal planning, through publication and other forms of communication, with a view to providing a better exercise of rights and the fulfilment of the duties legally established. 2-the legal information is provided by the Ministry of Justice, in collaboration with all stakeholders, and may be concluded protocols for this purpose.

Article 5 legal information services [Repealed] CHAPTER III legal protection section I General provisions article 6 scope of protection 1-legal protection covers the procedures for legal advice and legal aid. 2 – legal protection is granted for questions or concrete judicial causes or likely to achieve in that the wearer has a self-interest and that focus on rights directly harmed or threatened with injury. 3-Law will regulate itself the systems intended for the protection of collective interests or diffuse and indirect only rights or reflexively harmed or threatened with injury. 4-in the case of cross-border litigation, in which the competent courts belong to 32 other State of the European Union, the legal protection covers support pre-litigation and specific charges arising from the cross-border nature of the dispute, in the terms set by law.

Article 7 Part 1 – personnel are entitled to legal protection, in accordance with this law, the national and EU citizens as well as aliens and stateless persons with valid residence permits in a Member State of the European Union, demonstrating to be in a situation of economic failure. 2-to foreigners without a valid residence permit in a Member State of the European Union is the right to legal protection, to the extent that it is assigned to the Portuguese by the laws of the respective States. 3 – legal persons with non-profit and limited liability individual establishments are not entitled to legal protection. 4 – The non-profit legal persons only have right to legal protection in the form of legal aid, and to just do the proof referred to in paragraph 1. 5-legal aid cannot be granted to persons that alienated or oneraram all or part of its assets to put themselves in a position to obtain, or, in the case of legal aid, the assignees of the right or the subject controversial, when the transfer has been carried out with the purpose to get that benefit.

Article 8 1 – economic Failure is in a situation of economic failure that that, taking into account the income, assets and the permanent household expenditure, has no objective conditions to support promptly the costs of a process. 2-the provisions of the preceding paragraph shall apply, mutatis mutandis, to the non-profit legal persons. 3 – [Repealed]. 4 – [Repealed]. 5 – [Repealed].

33 article 8-the assessment of economic failure 1-economic failure of individuals is assessed according to the following criteria: a) the applicant whose household has a relevant income for the purpose of legal protection equal to or less than three-quarters of the Social support Index has no objective conditions to support any amount related to costs of a process and should also benefit from the allocation of enforcement agent and free legal consultation; (b)) the applicant whose household has a relevant income for the purpose of legal protection for more than three rooms and more than two and a half times the value of the Social support Index has objective conditions to support the costs of a legal consultation subject to prior payment of a fee, but there's no objective conditions to support promptly a process and costs therefore benefits from legal aid in phased payment and enforcement agent; (c)) is not in a situation of economic failure the applicant whose household has a relevant income for the purposes of legal protection of more than two and a half times the value of the Social support Index. 2 – the relevant income for the purpose of legal protection is the amount resulting from the difference between the value of complete household net income and the value of the relevant deduction for the purposes of legal protection and is calculated in accordance with the annex to this law. 3-it is considered to belong to the same household, the people who live in common economy with the applicant for legal protection. 4-the value of the fee due for the provision of legal advice referred to in point (b)) of paragraph 1 shall be fixed by order of the Member of Government responsible for the area of Justice. 5-If the value of credits deposited in bank accounts and the amount of securities admitted to trading on the regulated market of which the applicant or any member of your household are holders are greater than 24 times the amount of the Social support Index, it is considered that the legal aid applicant is not in a situation of economic failure regardless of the value of the relevant income for the purposes of legal protection of the household. 6-the applicant may request, in exceptional cases and for justified reason, the 34 assessment of economic failure into account only income, legacy and permanent spending or him and some elements of his household. 7-in the event of a dispute with one or more elements of the household, the assessment of economic failure takes into account only the income, assets and permanent expenditure of the applicant or of him and some elements of his household, since he so requests. 8 – if, in a particular case, the maximum leader of the social security services responsible for the decision on the grant of legal protection understand that the application of the criteria laid down in the preceding paragraphs leads to a manifest denial of access to the law and the courts can, by order especially based and without possibility of delegation, decide differently from that resulting from the application of those criteria.

Article 8b 1 economic failure proof – evidence of economic failure is made in accordance with the set by order of Ministers responsible for Justice and social security. 2-In case of doubt on the verification of a situation of economic failure, can be requested by the maximum leader of the social security service who appreciates the request the applicant to authorize, in writing, the access to information and bank documents and that these are displayed before this service and, when appropriate, before the tax administration. 3-If all the necessary elements to the test of economic failure are not delivered with the application of legal protection, social security services shall notify the person concerned, with express reference to making provision referred to in the following paragraph, to which this report within 10 days, suspending the time limit for the tacit Act training. 4 – at the end of the period referred to in the preceding paragraph, if the person concerned has granted to the presentation of all the evidence required, the request is rejected, without need for further notice to the applicant.

35 article 9 Exemptions are exempt from taxes, charges and fees applications, certificates and any other documents for the purpose of legal aid applications.

Article 10 termination of legal protection


1-legal protection is cancelled in its entirety either in respect of any of its modalities: a) If the applicant or their household to acquire sufficient resources to be able to dismiss it; b) When proven by new documents to insubsistência of the reasons given; c) if the documents that formed the basis for the concession is declared false by decision with traffic; d) If, on appeal, the conviction of the applicant is confirmed as a litigator in bad faith; and), in food provisional action is assigned to the applicant an amount for costs of the demand; f) if the applicant who has been granted legal aid in phased payment mode not to proceed to the payment of a benefit and keep this failure at the end of the period is granted to proceed to payment plus the applicable ticket missing. 2-in the case of point (a)) of the preceding paragraph, the applicant shall declare, once the fact is established, which is able to dispense with legal protection in some or in all the procedures provided under penalty of being subject to the penalties laid down for vexatious litigation. 3-legal protection may be canceled ex officio by the social security services or at the request of the public prosecutor's Office, the Bar Association, of the opposing party, the patron named or assigned enforcement agent. 4-the applicant for legal aid is always heard. 5 – Being cancelled the legal protection afforded, the decision is communicated to the competent court and the bar association or the Chamber of bailiffs, according to 36 cases.

Article 11 1 Expiry – legal protection shall lapse in the following situations: a) By death of the natural person or the revocation or dissolution of the legal person to whom it was granted, unless the successors in the deal, in the incident of your driver's license, join a copy of the application form for legal aid and the same may be granted; (b)) For the period of one year after your claim has been paid without query or pending court action, by reason imputable to the applicant. 2 – legal aid in procedures for appointment and payment of fees of patron and and phased payment of fees of patron is incompatible with the patronage of the public prosecutor under the conditions laid down in the code of labour procedure.

Article 12 challenging the decision to determine the cancellation or check the expiry of legal protection rests with judicial review, which follows the terms of articles 27 and 28 article 13 acquisition of sufficient economic means 1-if an applicant for legal aid had, on the date of application, or acquired in the course of or within four years after the end , sufficient economic means to pay fees, expenses, costs, fees, tax fees and any other charges of the payment has been declared free, is pending action for recovery of the respective amounts of the public prosecutor, or by any other interested. 2-for the purposes of the preceding paragraph, it is assumed the purchase of sufficient economic means to achieve maturity in action, even if merely partial, unless, by reason of their nature or value 37, which produce cannot be taken into account in assessing the economic insufficiency under article 8 3 – the action referred to in paragraph 1 follows the form sumaríssima and the judge to sentence within the process itself, in the case referred to in the preceding paragraph. 4 – in support of the decision, the action referred to in paragraph 1, the Court shall ask the social security. 5 – the amounts charged shall accrue to the Office of financial management and Justice infrastructure, i. p. 6 – the preceding paragraphs shall be without prejudice to criminal proceedings, to benefit from legal protection, the applicant commit crime.

SECTION II legal advice article 14 Scope 1-the legal query consists of the technical clarification on the law applicable to matters or cases in which legitimate personal interests or rights avultem own injured or threatened with injury. 2-within the framework of legal advice fit the extrajudicial efforts arising directly from the legal advice provided or deemed essential for the clarification of the question. 3 – [Repealed]. 4 – [Repealed].

Article 15 Provision of legal advice 1 – legal advice can be provided in legal consultation offices or at the offices of lawyers who adhere to the system of access to the law. 2-the provision of legal advice must tend to cover the entire national territory. 3-the creation of legal consultation offices, as well as its rules of operation, are approved by order of the Member of Government responsible for the area of Justice 38, heard the Bar Association. 4-legal consultation offices may cover the provision of services by solicitors in molds to agree between the Chamber of bailiffs, the Bar Association and the Ministry of Justice. 5-the preceding paragraphs shall not preclude the provision of legal advice by other public or non-profit private, pursuant to law or set by protocol concluded between these entities and the Bar Association and subject to approval by the Ministry of Justice.

SECTION III article 16 legal aid Procedures 1 – legal aid comprises as follows: a) waiver of Justice fee and other charges with the process; b) Appointment and payment of compensation of patron; c) payment of compensation of public defender; d) phased Payment of fee and other charges with the process; and) appointment and phased payment of compensation of patron; f) phased Payment of compensation of public defender; g) allocation of enforcement agent. 2-subject to the terms set by law, the periodicity of payment may be changed depending on the value of benefits, the procedures referred to in points (a) d) f) of the preceding paragraph, the value of the monthly of beneficiaries of legal aid is the following: the 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 Social support Index; b) 1/36 of the annual value of the relevant income for the purpose of legal protection, if this is greater than one and a half times the value of the Social support Index. 3-in the arrangements referred to in points (a) d) f) of paragraph 1 are not required payments that fall due after the expiry of four years from the final transit of the final decision of the case. 39 4-going on plurality of causes relating to the same applicant or his/her family members, the period mentioned in the preceding paragraph include since the traffic in the last final decision. 5 – the payment of benefits relating to the procedures referred to in points (a) to (d)) f) of paragraph 1 shall be made in the terms set by law. 6-If the applicant is a legal person legal aid, legal aid does not cover the form referred to in points (d)) f) of paragraph 1. 7-in the case of an application for legal aid by resident in another EU Member State for action in which Portuguese courts are competent, legal aid covers the specific charges arising from the cross-border nature of the dispute in the terms set by law.

Article 17 scope 1-the legal aid scheme applies in all courts, whatever the form of the process, in justices of the peace and other alternative dispute resolution structures to be defined by order of the Member of Government responsible for the area of Justice. 2-the legal aid scheme applies also, mutatis mutandis, in cases of alleged infringement. 3-legal aid is applicable in the processes that run on the protective measures, in the terms set by law.

Article 18 application for legal aid 1-legal aid is granted regardless of the procedural position which the applicant occupies in the cause and the fact that it was already granted to the other party. 2 – legal aid must be requested before the first procedural intervention, unless the situation of economic failure is incidental, in which case should be required before the first procedural intervention that occurs after the knowledge of the situation of economic failure. 3 – If incidental, economic failure, suspended the deadline for payment of the fee and other charges with the process until the final decision on the application for legal aid, applying the provisions.

the 4 and 5 of article 24 40 4 – legal aid remains for the purposes of appeal, whatever the decision about the cause, and apply to all processes that follow by attached to that in which this grant is found, also the main process, when granted in any attached. 5-legal aid remains still foreclosures based on sentence in the process in which this lease has been found. 6 – Declared the incompetence of the Court, remains, however, the granting of legal aid, and that the final decision be notified to the patron for this rule on maintenance or excuse of patronage. 7-in the case of the process be desapensado by a decision with traffic, support will be, joining the certificate desapensado process ex officio decision which awarded it, without prejudice to the final part of the preceding paragraph.

SECTION IV Procedure article 19 the Legitimacy of legal protection can be requested: a) By interested in your grant; b) by prosecutors on behalf of the person concerned; c) lawyer, trainee lawyer or solicitor on behalf of interested, simply to prove that the signatures of interested and patron.

Article 20 Jurisdiction for the decision 1-the decision on the grant of legal protection it is the maximum leader of the social security services in the area of residence or seat of the applicant. 2-in case the applicant does not reside or have their registered office in national territory, the decision referred to in the preceding paragraph it is the maximum leader of the social security services where the application has been deposited. 3 – the competence referred to in the preceding paragraphs is capable of delegation and sub-delegation 41. 4-the decision on the request referred to in paragraphs 6 and 7 of Article 8a also competes at the maximum leader of the social security services responsible for the decision on the grant of legal protection, being capable of delegation and sub-delegation.

Article 21 judgment about the existence of legal basis of the claim [Repealed] article 22 Application 1 – the application of legal protection is presented in any public service social security services. 2-the application of legal protection is formulated in the model adopted by ministerial order of Ministers with the supervision of Justice and social security, which is provided free of charge by the authority referred to in the preceding paragraph and may be submitted in person, by fax, by post or by electronic transmission, in this case by filling their digital form, accessible by link and computer communication. 3 – When the application is submitted by post, the service recipient refers to the applicant a copy with the approval stamp I bet. 4 – the application must specify the mode of legal protection intended, in accordance with articles 6 and 16, and, where appropriate, what are the procedures you want to accumulate. 5 – [Repealed]. 6 – proof of delivery of the request for legal protection can be made: a) By display or delivery receipt stamped copy of the application submitted personally or by post; b) by any means suitable mechanical or electronic certification of reception at the competent service of the application when sent by fax or electronic transmission. 42 7 – is the responsibility of the social security services to strict identification of the elements relating to the beneficiaries, as well as the precise identification of the intended legal aid, for the purposes set out in paragraph 5 of article 24 and in articles 30 and 31 article 23 1 pre-hearing – prior hearing of the applicant for legal aid must place in writing in cases where it is proposed a decision rejecting all or part of the request, under the code of administrative procedure. 2 – If the applicant of legal protection, duly notified for the purposes of preliminary hearing does not rule within that it is granted, the decision becomes final, there is no place the new notification. 3-the notification for the purposes of prior audience contains reference to making provision provided for in express preceding paragraph, this cannot be applied.

Article 24 autonomy of 1 procedure-the procedure of legal protection on legal aid mode is self-contained with regard to causes that respect, not having any impact on the progress of this, except as provided in the following paragraphs. 2-in the cases provided for in paragraph 4 of article 467.º of the code of Civil procedure, as well as those in which, regardless of the circumstances there referred to, are pending challenging the decision concerning the granting of legal aid, the author wishing to benefit from this for exemption or phased payment of justice must join the application proof of submission of the application. 3-in the cases referred to in the preceding paragraph, the author must make the payment of the fee or the first installment, when legal aid is granted in the form of phased payment of fee, within 10 days from the date of notification of the decision dismissing ultimately your request under the making provision referred to in paragraph 5 of article 467.º of the code of Civil procedure. 4-When the application for legal aid is submitted pending legal action and the applicant intends to naming patron, the deadline is in progress stops 43 with the junction to the presentation document of the application with which it is promoted the administrative procedure. 5-the term interrupted by application of the preceding paragraph will begin, as appropriate:) from the notification to the patron named their designation; b) from the notification to the applicant of the decision to reject the application of naming patron.

Article 25 Term 1-the deadline for the completion of the administrative procedure and decision on the application for legal aid is 30 days, is solid, if not suspended during the judicial vacations and if you finish in day the social security services are terminated, transferred his term for the first working day following. 2-after the period referred to in the preceding paragraph without having been given a decision, it is considered tacitly accepted and granted the application for legal aid. 3-in the case referred to in the preceding paragraph, it is sufficient to mention in Court of the formation of the tacit and act when you're concerned a request for appointment of a patron, the course following the formation of the Act will obey the following rules: tacit a) where the application has been filed pending court proceedings, the Court in which the cause is pending calls to the Bar Association to appoint the patron in accordance with the provisions of the Ordinance referred to in article 45; b) where the application has not been filed pending court action, it is for the interested to request the appointment of a patron, pursuant to the Ordinance referred to in article 45 4 – the Court or, in the case referred to in point (b)) of the preceding paragraph, the Bar Association should confirm social security services training Act Tacitus, which services respond within two business days. 5-While it is not possible to make the dematerialized and information in real time, social security services send monthly information relating to applications for legal protection tacitly accepted the Office for alternative dispute resolution, to the Bar Association if the request involves the appointment of a patron, and the Court in which the action is If the application has been filed pending court action. 44 article 26 notification and challenging the decision 1-the final decision on the application for legal aid is notified to the applicant and, if the request involves the designation of patron, also to the Bar Association. 2 – the decision on the application for legal aid does not admit complaints nor hierarchical resource or tutelary, being liable to judicial review in accordance with articles 27 and 28 3 – [Repealed]. 4-If the application has been filed pending court action, the final decision on the application for legal aid is notified to the Court in which the action is pending, as well as, through this, to the contrary. 5 – the other party in the proceedings for which legal aid has been granted has legitimacy to challenge the decision pursuant to paragraph 2.

Article 27 judicial review 1 – judicial review can be initiated directly by the interested party, not lack of Constitution, and must be delivered to the social security service has enjoyed legal protection application, within 15 days after the notice of the decision. 2-the application for judicial review should be written, but does not need to be articulated, being only admissible documentary evidence, the production of which may be requested through the Court. 3 – Received the challenge, the social security Office has 10 days to repeal the decision on the application for legal aid or keeping it, send that and certified copy of the administrative procedure to the competent court.


Article 28 the competent court 1-shall have jurisdiction to hear and decide the dispute the Court of the judicial district in which is based the social security service that enjoyed legal protection 45 request or, if the application has been filed pending the action, the Court in which this is pending. 2 – where there are specialised courts or specific competence, the dispute must comply with the respective rules of jurisdiction. 3-If the Court considers incompetent, refers to one who should meet the challenge and notifies the interested. 4 – Received the challenge, this is distributed, when appropriate, and immediately the judge that conclusa, through order reasoned decides granting concisely or refusing the provision for untimely or manifest impracticality. 5-the decision under the preceding paragraph is non-actionable.

Article 29 scope of the final decision 1-the decision grants the request of legal protection specifies the modalities and concrete measure of support. 2 – To the benefit of legal aid in the manner provided for in (a)) and d) of paragraph 1 of article 16, should interested parties submit the proof of his claim or the submission of an application at the moment should present the document certifying payment of the fee. 3 – [Repealed]. 4 – the refusal of the application for legal aid matters the obligation of payment of costs due and, in the case of having requested the appointment of a patron, the payment to the Office of financial management and Justice infrastructure, I. P., the amount provided for in paragraph 2 of article 36 5-there is no final decision concerning the application for legal aid at the time should be the payment of the fee and other charges of the process Court shall be as follows: (a)) in case the decision is not yet known of the competent social security service is suspended the deadline for the payment until such decision is communicated to the applicant; b) Having been already social security service decision, granting legal aid in one or more modalities of phased payment, payment of 46 first installment is due within 10 days from the date of its communication to the applicant, without prejudice to the subsequent reimbursement of sums paid in the case of origin of challenging that decision; c) Having been already negative decision of the social security service, payment is due within 10 days from the date of its communication to the applicant, without prejudice to the subsequent reimbursement of sums paid in the case of origin of challenging that decision.

Article 30 appointment of patron 1-naming patron, being granted, is held by the Bar Association, in accordance with the Ordinance referred to in article 45 2-[Repealed]. 3-[Repealed]. 4-[Repealed]. 5-[Repealed].

Article 31 notification of appointment 1-naming patron is notified by the Bar Association to the applicant and to the patron named and, in the cases provided for in paragraph 3 of article 26, in addition to be made with the express warning from the beginning of the term, it is also communicated to the Court. 2-the notification of the decision of appointment of the patron is made with express mention, as the applicant, the name and Office of the patron as well as the duty to give collaboration, on pain of legal aid being withdrawn. 3 – [Repealed]. 4 – [Repealed].

47 article 32 1 patron replacement – the beneficiary of legal aid may, in any case, require the replacement of the bar patron named, basing its request. 2 – Granted the request for a replacement, apply, mutatis mutandis, the terms of articles 34 and following. 3-If the replacement of patron has been required pending a lawsuit, the bar association must inform the Court of the appointment of the new patron.

Article 33 duration of filing of action 1 – the patron named for the action was brought must intentá her in the 30 days following the notification of appointment, showing justification to the bar association or the Chamber of bailiffs if you don't initiate the action in that period. 2 – the patron named may apply to the bar association or the Chamber of bailiffs to extension of the period laid down in the preceding paragraph, justifying the request. 3-When is not filed justification, or this is not considered satisfactory, the bar association or the Chamber of bailiffs is to proceed to the consideration of possible disciplinary responsibility, being appointed new patron to the applicant. 4-considered action proposal on the date on which is lodged an application for appointment of a patron.

Article 34 application for excusal 1 – the patron named can ask excuse, upon request directed to the bar association or the Chamber of bailiffs, stating the reasons. 2 – the request for excuse, formulated in accordance with the provisions of the preceding paragraph and presented the pending lawsuit, interrupts the period is under way, with the junction of their autos to document proof of said application, applying the provisions of paragraph 5 of article 24 3 – the patron named must communicate in the process presenting 1 48 request for excuse , for the purposes set out in the preceding paragraph. 4-the bar association or the Chamber of bailiffs appreciates and decides on the request for excuse within 15 days. 5 – Being granted the excuse, the appointment and designation of new patron, except in the case of the Foundation of the request for excuse being the lack of legal basis of the claim, in which case can be refused new appointment for the same purpose. 6-the provisions of paragraphs 1 to 4 shall apply to cases of excuse for supervening circumstances.

Article 35 Replacement in stage 1 procedure – the patron named can, subject to Committee or diligence, provided that indicate replacement. 2-the remuneration of the replacement is the responsibility of the patron named. 3 – [Repealed].

Article 35-the role of enforcement agent When legal aid is granted in the form of assignment of enforcement agent, this is always an officer of Justice, determined in accordance with the rules of distribution.

Article 36 1 Charges – whenever there is a judicial process, the costs arising from the granting of legal protection, in any of its modalities, are taken to the final expense rule. 2 – the burden arising from the granting of legal aid in the manner provided for in paragraph 1 (b)), c), and) and f) of paragraph 1 of article 16 shall be determined in terms of order of the Member of Government responsible for the area of Justice.

49 article 37 subsidiary Arrangements shall apply to the procedure for granting legal protection the provisions of the code of administrative procedure in everything that is not specifically regulated in this law.

Article 38 count of deadlines To procedural time limits provided for in this Act apply the provisions of the civil procedure law.

CHAPTER IV special provisions on criminal procedure article 39 appointment of advocate 1-the appointment of the Defender to the defendant, the waiver of sponsorship and the replacement are made under the code of criminal procedure, of this chapter and of the Ordinance referred to in article 45 2-the nomination is preceded by the warning to the defendant of his right to be a lawyer. 3 – if not a lawyer, the defendant shall, at the time in providing term of identity and residence, the issuance of a Declaration on the income, assets and expenses of your household. 4-the clerk of the Court must enjoy the economic failure of the defendant on the basis of the Declaration and of the criteria laid down in this law. 5-If the secretariat concluded by the economic failure of the defendant, must be appointed an advocate or, conversely, warned him that he must be a lawyer. 6 – the appointment of defending the accused, in accordance with the provisions of the preceding paragraph, have provisional and depends on granting legal aid for social security services. 7-If the defendant does not request the granting of legal aid, is responsible for the payment of the 50 three times the value established under paragraph 2 of article 36 8-If social security services decide not to grant the benefit of legal assistance to the accused, this is subject to the payment of the value established under paragraph 2 of article 36 unless it is shown that the Declaration made pursuant to paragraph 3 was patently false, in which case it is subject to the payment of five times the value laid down in paragraph 2 of article 36 9 – If, in the case referred to in the last part of paragraph 5, the defendant is not a lawyer and is required or considered necessary or convenient to the assistance of an advocate , should this be named, leaving the defendant liable to pay triple the value established under paragraph 2 of article 36-10 the application for the grant of legal aid does not affect the March of the process.

Article 40 choice of Lawyer [Repealed] article 41 Scales of prevention


1-the appointment of an advocate to assist the first interrogation of defendant detained, for hearing in summary proceedings or for other urgent steps provided for in the code of criminal procedure takes place under article 39 and shall be arranged scales for lawyers and trainee lawyers for that purpose, in accordance with the set in the Ordinance referred to in article 45 2-the appointment must fall in fielder , consisting of scales of prevention, if present in the place of performance of the stage after their call. 3 – the public defender for an act can keep for the subsequent acts of the process, in accordance with the regulatory Ordinance referred to in article 45 4 – [Repealed].

51 article 42 1 sponsorship waiver – the Attorney appointed Defender may request exemption from sponsorship, invoking grounds which it considers fair, in application to the Bar Association. 2-the Bar Association appreciates and decides on the request for waiver of sponsorship within five days. 3-While is not overridden, the public defender for an act stands for the subsequent acts of the process. 4 – Can, in an emergency, be appointed another Defender to the defendant, pursuant to the Ordinance referred to in article 45 5 – [Repealed].

Article 43 establishment of representative 1-Cease the functions of the public defender whenever the defendant constitutes representative. 2-the public defender may not in the same process, accepting the mandate even accused.

Article 44 1 provisions – everything that is not specifically regulated in this chapter concerning the granting of legal protection to the accused in criminal proceedings shall apply, mutatis mutandis, the provisions of the previous chapter, except as provided in paragraphs 2 and 3 of article 18, and the legal aid be required until the end of the period of appeal in first instance. 2-the application of legal protection for those who want to become Assistant or formulate or contest the civil claim for damages in criminal proceedings applies the provisions of the previous chapter, mutatis mutandis.

52 chapter V transitional and final provisions article 45 participation of legal professionals access to the right 1-admission of forensic professionals to access the right system, the appointment of patron and defender and the payment of the respective compensation is in accordance with the following: a) the selection of legal professionals must ensure the quality of services provided to beneficiaries of legal protection under the system of access to the law; b) the participants in the system of access to the right can be lawyers, trainees and solicitors; c) forensic professionals may be appointed for lots of processes and scales of prevention; d) If the same fact der cause the various processes, the system must ensure, preferably, the appointment of the same agent or lawyer to the beneficiary; and) all notices and communications among legal professionals, the Bar Association, the social security services, the courts and the applicants referred to in the right access system shall take place, whenever possible, by electronic means; f) forensic professionals participating in the right access system must use all means available in electronic contact with the courts, in particular as regards the submission of briefs and autonomous requirements; g) forensic professionals who do not observe the rules of exercise of patronage and unofficial defense can be excluded from the system of access to the law; h) participating in the system of legal professionals access to the right to exit the system, regardless of the reason, before the final transit of a process or the final term of a coach to be appointed must return, within 30 days, all amounts delivered by each process or stage underway; I) the provisions of the preceding paragraph shall apply to cases of excuse and 53 sponsorship waiver in respect of proceedings in which cease sponsorship and the unofficial defense; j) the payment of the compensation due to legal professionals should be rendered until the end of the month following that in which it is due; l) extrajudicial resolution of disputes, before the hearing of the trial, should be encouraged by the prediction of an amount of compensation plus. 2-acceptance of the system of legal professionals access to the law, the appointment of patron and defender and the payment of the respective compensation, in accordance with the provisions of the preceding paragraph, is regulated by order of the Member of Government responsible for the area of Justice. 3 – [Repealed]. 4 – [Repealed]. 5 – [Repealed].

Article 46 collaboration of other institutions with the Bar Association [Repealed] article 47 legal consultation offices [Repealed] article 48 Monitoring Committee [Repealed] article 49 Charges of social security charges arising from this law to assume the social security services are supported by the State budget, by means of the corresponding funds transfer to the social security budget. 54 article 50 set Standard is revoked the law No. 30-E/2000, of 20 December.

Article 51 1 transitional Regime – the changes introduced by this Act apply only to requests for legal assistance to be formulated after 1 day of September 2004. 2 – legal aid processes initiated pending the entry into force of this law shall apply the previous statutory scheme. 3-Us court proceedings pending on 1 September 2004 in which has not yet been required the benefit of legal aid, it may be required to transit in the final decision.

Article 52 Transposing this law the partial transposition of Directive 2003/8/EC of the Council of 27 January, on improving access to justice in cross-border disputes by establishing minimum common rules relating to legal aid in the context of these disputes.

Article 53 entry into force this law shall enter into force on 1 September 2004, with the exception of paragraph 4 of article 6 and paragraph 4 of article 16, which shall enter into force on 30 November 2004.