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DRAFT law No. 187/X explanatory memorandum the XVII constitutional Government assumes that ' the rational management of the judicial system requires the adjustment of judicial procedural motion map and the adoption of a management model based on appreciation of the President and the administrator of the Court '. This structural reform of the judicial organisation has as its main objectives to increase the efficiency of the judicial organization with the implementation of a new management model of the system, and tailor responses of the courts to the new reality of demand, on the basis of a territorial matrix that ensures that the principles of proximity and effectiveness and swiftness of the response to citizens and enterprises. After a period of consultation and debate were defined the following guidelines: a) improve access to justice for all citizens and businesses; b) restructure the judicial organization in accordance with the new array; c) increase the efficiency, effectiveness and transparency of the system of administration of Justice; d) modernise and enhance the ability of administration and management of the judicial system; and) reinforce the independence of the judiciary and the intervention of the Superior Council of Magistracy materialized, in particular, on the nomination of Judge President; f) qualify the judicial response and improve response capacity through the creation of a network of diverse Justice Services with qualified human resources, with greater ability to act with the full extent of the new counties; g) bet on the strengthening of Justice specializing in the treatment of specific matters, such as, family and minors, trade work, different levels of crime. The new judicial organization, which the Government proposes, is based on three fundamental axes: a new array; a new model of competences; and, a new management model, without putting into question the proximity of justice vis-à-vis citizens, ensuring the presence of courts and judgments where these already exist and creating 2 new where appropriate. The new array of territorial constituencies adds the current judicial districts, in territorial constituencies of broader geographic scope, based on the model of territorial organization of the nomenclatures of Territorial Unit for statistical purposes III (NUTS III), adjusting it in the light of the specificities of litigation, procedure volume, of the population and the proximity to citizens and enterprises. Are there five judicial districts, delimited from the NUTS II, and 39 constituencies, as a result of the aggregation of the current 231 districts. The District Court is, in this new array, consisting of the organizational and functional aggregation of existing courts, on the basis of a new model of competence, based on: a) to the existence, in every Region, of a Judicial Court of first instance; (b)) in the unfolding of County Court judgements or specialized solution, widely recognized as the inducer factor quality of Justice in all its vectors, looking to implement or expand the presence of specialization in all Counties; c) On deployment, depending on the volume or complexity of the service of civil and criminal judgments in three levels of expertise – small, medium and large instance; d) in creating a wide variety of specialised Courts, eliminating, for greater simplification and intelligibility, the formal distinction between specific competence and specialized courts (Courts of Criminal, family and Minors, Work, trade, Intellectual Property, maritime transport, implementation, execution, Courts of Instance instance Criminal Courts and civil). The new array enables a new model of territorial competence of the courts, allowing access to more specialized justice to all the Portuguese, which until now could only access rule the citizens and companies of the major urban centres. Seeking a judicial response more flexible, allows that specialised courts may be assigned competence in more than one judicial district. The district, resized depending on the new territorial model, will have a new management model based on three organs: a) the President of the Court, with functions of representation, direction, management, administrative and procedural 3 functional is chosen and appointed by the Superior Council of Magistracy; (b)) the Court administrator, with management functions concentrated today in the Directorate-General of the administration of Justice and the Institute for financial management and infrastructure, justice is chosen by the President of the Court; c) the Board of Shire, with functions of participation and consultation and support for the President and the administrator, the President of the Court, the public prosecutor Coordinator, representatives of the lawyers, solicitors and local authorities as well as the users of the services.
With regard to the new management model, in order to raise the operational performance of the Organization and to enhance the quality of services provided by the courts are planned for the President of the Court and to the specific programs Administrator training in the area of judicial management. For the implementation of this new judicial organization, your proposed entry into force from next year, and on a trial basis in three pilot Counties. After the trial period, on 31 August 2010, taking into account the assessment to be carried out, the reform will apply to the entire national territory. Were selected for this trial period, three Counties representing Portugal's judicial diversity, which translate sociological, economic and demographic realities being an actor and to provide procedural motion. Fulfilling these objectives, the Counties were chosen: a) Baixo Vouga subregion (comprising the municipalities of Águeda, Albergaria-a-Velha, Anadia, Aveiro, Estarreja, Ílhavo, Murtosa, Oliveira do Bairro, Ovar, Sever do Vouga and Vague); b) Lisbon Northwest (comprising the municipalities of Amadora, Sintra and Mafra); c) Alentejo Litoral (encompassing the municipalities of Alcácer do Sal, Grândola, Santiago do Cacém and Odemira, Sines). In short, this proposal introduces a new concept of Region, which allows the extension of specialized justice to the whole country and the greater flexibility of the rules of territorial jurisdiction within the Region, allowing the parties generally the choice of competent judgment in areas of civil law, and commercial work. This new model also provides for joint management of all services and facilities 4
in the same Region, promotes the involvement of practitioners and the community in the management of the Court and contributes to the homogenization of the judicial response throughout the country.
At the same time, ensures the maintenance of the proximity of Justice to citizens and businesses, respect for constitutional principles of the natural judge, under the responsibility of the judicial office for judicial magistrates and the evaluation of these by the Superior Council of Magistracy. The Government, in preparing this proposal, commissioned scientific studies the institutions connected with the University of Coimbra, carried out in 2006 and 2007, and created a working group for this purpose, participated by representatives of the Superior Council of Magistracy, the Attorney General of the Republic, the Bar Association and the Council of officers of Justice, under the coordination of the Directorate-General for the administration of Justice. Were heard the Union Association of Portuguese Judges, the prosecutors ' Union, the Association of bailiffs, and the syndicate of bailiffs and the National Association of Portuguese municipalities. She was promoted to the Superior Council of the judiciary, of the Supreme Council of the Public Ministry, the Board of Governors of the Administrative and fiscal Courts, the Bar Association, the Chamber of bailiffs, Council of bailiffs and the Employees ' Union. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law lays down the arrangements applicable to the Organization and functioning of the judicial courts. 5 article 2 Defining The judicial courts are sovereign bodies with competence to administer justice on behalf of the people.
Article 3 judicial function it is for the courts to ensure the defence of the rights and legally protected interests, repress the violation of democratic legality and settling the conflicts of public and private interests.
Article 4 Independence of courts The judicial courts are independent and are subject only to the law.
Article 5 independence of judges 1. The judges adjudicate only according to the Constitution and the law. 2. The independence of judges is guaranteed by the existence of a private organ of management and discipline of the judiciary, by tenure and not subject to any orders or instructions, unless a duty of compliance of the decisions made in the process of appeal by superior courts. 3. The judges cannot be held accountable for their decisions, unless the exceptions enshrined in law.
Article 6 of the public prosecutor's Office 1 Autonomy. The Prosecutor is the organ in charge of judicial courts, represent the State, exercising penal action and defending democratic legality and the interests that 6 the law determine. 2. The public prosecutor's Office enjoys autonomy under the law. 3. The autonomy of the Public Ministry is characterized by linking to your criteria of legality and objectivity and by the exclusive subjection of magistrates and agents of the Public Ministry to the directives, orders and instructions laid down in the law.
Article 7 Lawyers 1. Lawyers participating in the administration of Justice, racing them, exclusively and with the exceptions provided for in the law, exercise the patronage of the parties. 2. In the exercise of your activity, lawyers enjoy technical discretion and are only linked to criteria of legality and the ethical rules of the profession.
Article 8 1 judicial protection. Everyone is guaranteed access to the courts for legal protection of their rights and legally protected interests, and may not be justice denied for insufficient economic means. 2. The law regulates the access to judicial courts in case of insufficient economic means.
Article 9 Decisions of courts 1. Judicial court decisions are binding on all public and private entities and take precedence over those of any other authorities. 2. The law regulates the terms of execution of the decisions of the courts in relation to any judicial authority and determines the penalties to be applied to those responsible for your implementation. 7 article 10 publicity of the audience ratings of the judicial courts are public, except when the Court itself, in a reasoned order, decide otherwise, for safeguarding the dignity of persons and public morality or to ensure your normal functioning.
Article 11 year 1. The judicial year corresponds to the calendar year. 2. The opening of the legal year is marked by the completion of a formal sitting, on which use of the word, in its own right, the President of the Republic, the President of the Assembly of the Republic, the President of the Supreme Court of Justice, the Prime Minister or the Member of Government responsible for the area of Justice, the Prosecutor-General and the Chairman of the bar.
Article 12 legal Holiday legal holidays from 22 December to 3 January, from Palm Sunday to Easter Monday and from 1 to 31 August.
Article 13 Coadjuvação 1. In the performance of their duties, the judicial courts are entitled to coadjuvação authorities. 2. The preceding paragraph includes, where necessary, of the facilities and the maintenance of order by security forces.
8 article 14 advisors and support offices 1. The Supreme Court of Justice and the courts of appeal have advisors who assist the judicial magistrates and prosecutors, as defined in the law. 2. district courts are offices in support of the judges, in accordance with article 83 CHAPTER II Organization and competence of the judicial courts section 1 common provisions article 15 hearings and sessions of Functioning judicial courts are held at the headquarters of the respective court or mind, except when: a) the proper administration of Justice or other compelling circumstances justify , in which case hearings and court sessions are held in different place in their division or out of this; b) is required by all parties, on the basis of closer relation to the place of residence or domicile of these professional, in which case hearings and court sessions are held in another sense than if you integrate in the area of jurisdiction of the judicial district where the case, unless reasoned rejection by the judge of the case, in accordance with the preceding paragraph.
Article 16 classification of courts of first instance the classification of courts or courts as first access or access end, taking into account the nature, complexity and volume of service, approved by order of the Member of Government responsible for the area of Justice, heard the Supreme Judicial Council, the Attorney-General's Office and the Bar Association.
SECTION II judicial Organisation article 17 categories of courts 1. There are judicial courts of first and second instances and the Supreme Court of Justice. 2. The judicial courts of second instance are, as a rule, courts of appeal and, in this case, are called by the name of the municipality in which they are installed. 3. The judicial courts of first instance are, as a rule, the district courts, and if so, are called by the name of the constituency in which they are installed.
Article 18 Legal Division for the purposes of judicial division, the national territory is divided into judicial districts and counties under the maps I and II annexed to this law, which shall form an integral part.
Article 19 judicial districts for the purpose of organization of courts of appeal, the counties are grouped into five judicial districts, as the map I annexed to this law, which is an integral part. 10 article 20 Offshoot of courts of appeal 1. May be, by Ordinance, the creation of more than one court of appeal in each judicial district, after hearing of the Superior Council of the judiciary, the Attorney General of the Republic and of the Bar Association. 2. In the case of the preceding paragraph, the service is distributed between the various courts according to the territorial area assigned to each, without prejudice to the acts and performing due diligence throughout the district.
Article 21 1 Counties. For the purpose of organization of county courts, the country is divided into 39 districts, designated by counties, as the map II annexed to this law, which is an integral part. 2. In each of the divisions there is a District Court.
Article 22 Unfolding district courts county courts deploy in judgments that can be or specialized, by decree-law.
SECTION III article 23 Competence and Extension limits of jurisdiction 1. In the internal legal order, the authority breaks down by judicial courts second, value, the hierarchy and the territory. 2. The law of process factors to which fixed the international competence of the judicial courts 11. 3. The law of process indicates the factors which determine, in each case, the Court or competent judgment.
Article 24 fixing the competence 1. Racing fixed at the time the action is proposed, being irrelevant that modifications occurring later. 2. They are also irrelevant changes of law, unless the organ to which the cause was affects or is assigned competence that initially lacked knowledge of the cause.
Article 25 prohibition for change of jurisdction no cause can be shifted from the Court or competent judgment to another, except in the cases specifically provided for by law.
Article 26 on the grounds of Competence matter 1. The judicial courts have jurisdiction for the causes that are not assigned to another court order. 2. this law determines the competence by reason of the matter between the judgments of county courts, establishing the causes that compete to the specialised courts.
Article 27 Competence by reason of the hierarchy 1. The judicial courts are tiered to appeal its decisions. 2. As a rule, the Supreme Court of Justice, on appeal, of the causes whose 12 value exceed the purview of the courts of appeal and these cause whose value exceeds the purview of the judicial courts of first instance. 3. In criminal matters, the jurisdiction is defined in the respective process law article 28 territorial jurisdiction of superior courts 1. The Supreme Court of Justice has jurisdiction throughout the territory. 2. The courts of appeal have, as a rule, competence within their judicial district. 3. Going on in more than one judicial district court of appeal shall apply the provisions of paragraph 2 of article 20 article 29 territorial jurisdiction of the Court 1. Judicial district courts have, as a rule, competence in the area of their respective regions, in accordance with the map II annexed to this law, which is an integral part. 2. The judgments or specialized resulting from the splitting of the District Court have the jurisdiction area to be defined by decree-law, within the limits of the respective region, each mind a substantive and territorial scope itself.
Article 30 special rules of territorial jurisdiction 1. Can be assigned, by Ordinance, the courts of appeal and district, even when deployed, a distinct territorial jurisdiction of district or County, where appropriate with a view to greater rationalisation in distribution. 2. Going on more than a judgment call or several specialised courts on the same matter under the District Court, except in criminal matters, offences and relating to educational processes and juvenile, the parties may, respected the legal criteria relating to 13
competence in the matter and the function value, choose one of the several judgments in the County. 3. The removal of the rules of jurisdiction referred to in the preceding paragraph requires the agreement of the parties and should comply with one of the following requirements: a) preference for domicile of the defendant rather than the legal criterion of allocation of competence; or b) preference for section for other senses, on their terms, when there is no specialized offer equivalent in mind which is territorially competent in accordance with the General rules. 4. The provisions of paragraph 2 shall not apply: a) in cases where the decision is not preceded by a hearing of the accused or defendant; (b)) in cases of execution of judicial title; (c)) in the processes which must run as a dependency of other processes. 5. Not being raised the incompetence in territorial or first time procedure in which the defendant can pronounce on the subject, it is presumed whenever there were consent of the parties, in accordance with the provisions of paragraph 2. 6. The situation of the defendant to oppose the application of the provisions of paragraph 2, the process is referred to the territorially competent court.
Article 31 Lifts 1. In civil matters, the jurisdiction of the courts of appeal is € 30,000 and the courts of first instance is € 5,000. 2. In criminal matters there is jurisdiction, without prejudice to the procedural provisions relating to admissibility of appeal. 3. The admissibility of resources for purposes of jurisdiction is governed by the law in force at the time it was established the action CHAPTER III Supreme Court 14 section 1 General provisions article 32 definition and 1 seat. The Supreme Court is the top of the hierarchy of the judicial courts, without prejudice to the competence of the Constitutional Court. 2. The Supreme Court is headquartered in Lisbon.
Article 33 powers of cognition outside the cases provided by law, the Supreme Court only knows law matter.
SECTION II organisation and operation article 34 1 Organization. The Supreme Court of Justice comprises sections on civil matters, in criminal matters, in social matters and in matters of family and minors. 2. The Supreme Court of Justice there is also a section for trial of the deliberations of the Supreme Judicial Council. 3. The section referred to in the preceding paragraph is the oldest of its Vice-Presidents, who shall have the casting vote, and by a judge from each Chamber, and successively appointed, having regard to their antiquity.
Article 35 15 Operation 1. The Supreme Court of Justice works, under the direction of a President, in the plenary of the Court, in the middle of the specialised sections and sections. 2. The plenary of the Court shall be composed of all the judges who make up the sections and can only work with the presence of at least three quarters of judges in Office. 3. To full sections or their joint sections shall be applicable, mutatis mutandis, the provisions of the preceding paragraph. 4. The judges take seat alternately to the right and to the left of the President, according to the order of seniority.
Article 36 Fill sections 1. The Superior Council of the Magistracy shall, whenever it deems convenient, on a proposal from the President of the Supreme Court of Justice, the number of judges that make up each section. 2. The President of the Supreme Court of Justice judges distribute by sections, taking successively into account your level of expertise, the convenience of the service, and the preference expressed. 3. The President of the Supreme Court of Justice may authorise the change of section or the exchange between judges of different sections, with observance of the provisions of the preceding paragraph. 4. When the rapporteur change section, maintain your competence and of his deputies who have been seen to trial.
Article 37 military Judges in the Supreme Court of justice there is a military judge for each branch of the armed forces and one of the GNR. 16 article 38 Sessions the sessions take place according to schedule, and the date and time of hearings appear in table posted, in advance, in the lobby of the Court, and may the same be disseminated by electronic means.
Article 39 Conference at the Conference participate in the judges that they should intervene.
Article 40 1 Shifts. In the Supreme Court of justice are organized shifts to the urgent service during holidays or when the service justifies it. 2. The shifts are organized, respectively, by the President of the Supreme Court of Justice and the Attorney General of the Republic, with prior hearing of the judges and, whenever possible, with the advance of 60 days.
SECTION III article 41 Jurisdiction Competence of the plenary of the Supreme Court of Justice, working in plenary: the) judge the decisions handed down by the full resources of the criminal sections; b) exercise the powers conferred by law too.
17 article 42 Specialization of The civil sections judge the causes that are not assigned to other sections, the criminal sections judge the causes of criminal nature, the sections relating to family and minors the causes referred to in articles 113 to 115 and social sections judge the causes referred to in article 117 article 43 powers of full responsibility of the sections full of sections According to your expertise: the) judge the President of the Republic, the President of the Assembly of the Republic and the Prime Minister for crimes committed in the performance of their duties; b) Judge the capabilities of decisions handed down in first instance by sections; c) Standardize case law, under the law of procedure.
Article 44 Jurisdiction sections Competes to sections, according to your expertise: the) Judge the capabilities that are not within the jurisdiction of the full specialized sections; b) Judging processes for crimes committed by judges of the Supreme Court of Justice and the Court of appeal and prosecutors serving together of these courts, or assimilated, and resources concerning offences relating to them; c) judge the proposed actions against judges of the Supreme Court of Justice and the Court of appeal and prosecutors serving together of these courts, or treated as, because of their functions; d) of applications for habeas corpus, due to illegal arrest; and the review requests) of criminal judgments, decreeing the cancellation of irreconcilable feathers and suspend the execution of the penalties when enacted the revision; 18
f) Deciding on the application for conferral of jurisdiction to another court of the same species and hierarchy, in cases of obstruction to the exercise of jurisdiction by the Court with jurisdiction; g) Judge, through the rapporteur, the terms of this resources committed by the process; h) Practice, in accordance with the law, legal acts relating to investigation, the criminal, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (a)) of the preceding article and in paragraph b) of this article; I) exercise the powers conferred by law too.
Article 45 Trial in sections 1. Out of the cases provided for in the law of process and in points (a) to (g)) and h) of the preceding article, the judgement in sections is carried out by three judges, a judge rapporteur functions and the other judges the Deputy functions. 2. The intervention of the judges of each trial section is in accordance with the law, according to the order of precedence. 3. When a section is not possible to obtain the number of judges required for the examination and decision process of the cause, are called to intervene the judges in another section of the same specialty, starting with the immediate the judge has affixed the last seen. 4. It is not possible to call to intervene in the same specialty, judges are called the social section if the failure occurs in the civil section or the criminal section and the civil section if the failure occurs in the social section.
SECTION IV Judges of the Supreme Court of Justice 19 article 46 Board of judges 1. The judges of the Supreme Court of Justice shall be fixed by decree-law. 2. In the cases referred to in paragraph 2 of article 11, paragraph 3 of article 54 and paragraph 1 of article 137 of law No. 21/85 of 30 July, the framework referred to in the preceding paragraph is automatically increased in number of posts, to extinguish when they bring actual service judges who find themselves in the situations mentioned. 3. The judges appointed to the increased places referred to in the preceding paragraph shall remain as judges beyond the frame to fill the vacancies for which they compete.
Article 47 Judges beyond the frame 1. When the service warrants, particularly by the number or complexity of processes, the Supreme Judicial Council can propose the creation, in the Supreme Court of Justice, of places beyond the frame. 2. The places referred to in the preceding paragraph claims will be null and void after two years on the date of your creation, keeping the situation beyond the framework the judges for these nominees to fill the vacancies for which they compete, pursuant to paragraph 3 of the preceding article. 3. The appointment of judges, in accordance with this article, in compliance with the General rules for the provision of parking spaces. 4. The creation of posts referred to in paragraph 1 is approved by order of the members of the Government responsible for the areas of finance and justice.
Article 48 auxiliary Judges in the Supreme Court of Justice 1. The appointment of judges to the Supreme Court of Justice is prohibited by this Act. 2. interim or auxiliary judges in the Supreme Court on the date of entry into force of this law that the application of this are not definitely 20 provided they remain in this situation to occupy the position they compete, according to the graduate in their contest.
Section V the Court Presidency article 49 the Court 1. The judges composing the advisers under the Supreme Court of Justice elect from among themselves and by secret ballot, the President of the Court. 2. Is elected the judge who gets more than half of the votes validly cast. 3. In the case of any of the judges to obtain the number of votes referred to in the preceding paragraph, according to which suffrage compete only the two top judges, applying, in the case of a tie, the criterion of seniority in category. 4. In the event of a tie in the second, suffrage is considered the oldest of the two judges.
Article 50 Precedence the President of the Supreme Court of Justice takes precedence of all the judges.
Article 51 President term of Office 1. The mandate of President of the Supreme Court of Justice lasts for five years, not being allowed to re-election. 2. The outgoing President shall remain in Office until the inauguration of the new President.
21 Article 52 the President 1. The President of the Supreme Court of Justice: a) presiding over the plenary of the Court, to full sections and, when these watch at conferences; b) Approve the tables of ordinary sessions and extraordinary sessions be convened; c) measuring won at conferences; d) Vote whenever the law determine, by signing, in this case, the judgment; and give ownership to the Vice-Presidents,) to the judges, the Registrar of the Court and the Presidents of the courts of appeal; f) direct the Court, oversee in their services and ensure your normal operation, issuing work orders which required; g) Exercise disciplinary action on justice officials on duty at the Court in respect of gravity lower than the penalty of fine; h) perform the other functions assigned to it by law. 2. The judgments given pursuant to points (a) f) and (g)) of the preceding paragraph fits complaint to plenary of the Superior Council of Magistracy. 3. the President of the Supreme Court of Justice rule on conflicts of jurisdiction whose assessment does not belong to the Court of conflicts and conflicts of competence that occur between: a) The top of the sections; b) sections; (c) courts of appeal); d) the courts of appeal and district courts; and county courts) of different judicial districts or based in different courts of appeal area. 4. the jurisdiction referred to in the preceding paragraph is delegável us Vice Presidents.
22 article 53 1 Vice Presidents. The President of the Supreme Court of Justice shall be assisted by two Vice-Chairmen. 2. The election and Office of the term of Office of the Vice-Presidents shall apply in relation to the President, notwithstanding that, as for the election, is established in the following paragraphs. 3. Going on simultaneous election Vice President, elected judges who obtain the largest number of votes. 4. In case of equal number of votes, a second ballot, which compete only the judges among which the draw took place. 5. draw the second Subsisting suffrage, elected judge or judges oldest in the category.
Article 54 replacement of the President
1. In his absences and impediments, the President is replaced by the oldest Vice President in Office or, if it is equal to the antiquity of the Vice-Presidents, the former in the category. 2. Missing or being prevented both Vice-Presidents, the President is replaced by the most senior judge in exercise. 3. Taking into account the needs of service, the Supreme Judicial Council, on a proposal from the President of the Court, shall determine the cases in which the Vice-Presidents may be exempted or privileged in the distribution of processes.
Article 55 Presidents of section 1. Each section is headed by the judge of those who compose it, your President is elected annually by the respective full. 2. The election referred to in the preceding paragraph is carried out by secret ballot, without discussion or debate, at the first session of each judicial year led to that end, the President of the Court or, by your delegation, by one of the Vice-Presidents. 23 3. The President of the Chamber to preside at sections and exercise, mutatis mutandis, the tasks referred to in paragraph 1 (b)), c) and (d)) of paragraph 1 of article 52 CHAPTER IV Courts of appeal section I General provisions article 56 1 Definition. The courts of appeal are, as a rule, courts of second instance and, in this case, are called by the name of the municipality in which they are installed. 2. In each judicial district there is one or more courts of appeal.
SECTION II organisation and operation article 57 1 Organization. The courts of appeal shall include sections on civil matters, in criminal matters, in social matters and in matters of family and minors, without prejudice to the next paragraph. 2. The existence of social or family sections and smaller depends on the volume or complexity of the service. 3. When there is no social or family section and minors, not to the situation referred to in the preceding paragraph, the Court of appeal of the District Court or, where appropriate, of the district, to judge the capabilities of decisions in matters whose jurisdiction would belong to sections mentioned.
24 Article 58 Functioning courts of appeal operate, under the direction of a President in plenary and sections.
Article 59 common Service In judicial districts where there is more than one court of appeal, common services, for administrative purposes, work in the Court of the seat of the respective district.
Article 60 Table of judges 1. The judges of the courts of the relationship is determined by decree-law. 2. When the service justifies it, in particular by the number or complexity of processes, the Supreme Judicial Council can highlight to the courts of appeal judges helpers that are needed. 3. The provisions of the preceding paragraph shall apply when it is found that one or more judges of the frame are in situation of accumulation with the Office of Magister trainer. 4. The secondment is for a year, may be renewed by equal periods and depends on the consent of the judge and of place. 5. the remuneration of auxiliary judges base corresponds to the highest levels of remuneration judges of courts of appeal. 6. The Supreme Judicial Council can decide that the detachment involves a vacancy in the place of origin. 7. The Supreme Judicial Council can, during the deployment that alludes to in paragraph 4, for urgent service convenience, obtained your consent and place, put auxiliary judges to the Court following movement in another court of appeal. 25 article 61 military Judges the judges of the courts of appeal of Lisbon and of Porto provide a military judge for each branch of the armed forces and one of the GNR.
Article 62 representation of the Prosecutor 1. The courts of appeal of the District Court, the prosecution is represented by Attorneys General. 2. In all other courts of appeal, the Prosecutor is represented by Deputy Attorney General that the Superior Council of the Public Ministry. 3. The Deputy Attorneys General referred to in the preceding paragraph are designated in service and integrate public prosecutors-General of its territorial area district, and may be assisted by Deputy Attorneys General or by public prosecutors. 4. The Deputy Attorneys General referred to in paragraph 2 direct and coordinate the activities of the Prosecutor in its court, give possession to public prosecutors and deputy prosecutors in district headquarters that, and may also be delegated to them by the District Attorney General jurisdiction referred to in paragraph 1(e)) and f) of paragraph 1 of article 58 of law No. 60/98 , of 27 August.
Article 63 1 Shifts. The courts of appeal shall apply the provisions of paragraph 1 of article 40 2. The shifts are organized, respectively, by the Presidents of the courts of appeal, by District Attorneys General or Deputy Attorneys General referred to in paragraph 1 of the preceding article, prior hearing of the judges and, whenever possible, with the advance of 60 days. 26 subsidiary Arrangements article 64 shall apply to courts of appeal, with the necessary adaptations, the provisions of paragraphs 2 and 4 of article 35, article 36, 38 and 39 SECTION III article 65 plenary Competence Competence it is up to the courts of appeal, working in plenary, exercise the powers conferred by law.
Article 66 section Competence Competes to sections, according to your expertise: the) Judge resources; b) judge the proposed measures against judges and military judges of first instance, public prosecutors and Deputy Prosecutors, because of their functions; c) Judging processes for crimes committed by military judges and magistrates referred to in the preceding paragraph and resources concerning offences relating to them; d) judge the judicial processes of international judicial cooperation in criminal matters; e) judge the processes of review and confirmation of sentence, without prejudice to the competence legally assigned to other courts; f) Grant the exequatur to the judgments given by the ecclesiastical tribunals; g) Judge, through the rapporteur, the terms of the resources to be committed by the process; h) Practice, in accordance with the law, legal acts relating to investigation, 27 direct criminal, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (c)); I) exercise the powers conferred by law too.
Article 67 subsidiary Provisions 1. Courts of appeal shall apply, mutatis mutandis, the provisions of articles 42 and 45 2. The reference to the provisions of article 42 shall not affect the application of paragraph 3 of article 57 SECTION IV article 68 Presidency President 1. The judges who make up the Board of the Court of appeal shall elect from among themselves and by secret ballot, the President of the Court. 2. it is applicable to the election and the exercise of the mandate of President of the relationship, with any necessary adaptations, the provisions of paragraphs 2 and 3 of article 49 and article 51 article 69 competence of the President 1. The competence of the President of the Court of appeal shall apply, mutatis mutandis, subparagraphs (a) to (d))), f), (g)) and h) of paragraph 1 of article 52 2. The President of the Court of appeal is competent to rule on conflicts of jurisdiction between courts of the judicial district based in its court, but may delegate this competence in the Vice President. 3. It is the responsibility of the President to give ownership to the Vice President, the judges and the Registrar of the Court. 4. The decisions on disciplinary matters shall apply the provisions of paragraph 2 of article 28 52 article 70 1 Vice President. The President of each court of relationship is assisted and replaced by a vice President, which may delegate the exercise of its powers. 2. it is applicable to the election and Office of the Vice-President term article 68 3. In his absences and impediments, the Vice President is replaced by the oldest of the judges in Office. 4. the Vice President shall apply the provisions of paragraph 3 of article 54 article 71 Provision shall apply to subsidiary courts of appeal, with the necessary adaptations, the provisions of article 55 chapter V District Courts section I General provisions article 72 Definition The judicial courts of first instance are, as a rule, the district courts, and if so, are called by the name of the constituency in which they are installed.
29 Article 73 1 Competence. It is up to the district courts and judge cases concerning causes not covered by the jurisdiction of other courts. 2. The district courts are courts of general jurisdiction and specialized.
Article 74 1 Deployment. District courts deploy on judgements, by decree-law, which may be generic and specialized jurisdiction, pursuant to this article and to articles 109 and following. 2. You can create the following specialised courts: a) Criminal; b) family and minors; (c)); (d)); and) intellectual property; f) seafarers; g) execution of sentences; h) execution; I) Judgements of civil instance; j) Courts criminal instance. 3. where the procedural volume warrants can be created, by decree-law, specialised courts. 4. The judgments referred to in subparagraphs (i) and (j))) of the preceding paragraph may still unfold when the volume or complexity of the service so warrant, in three levels of judicial expertise, in accordance with article 126: the) Big instance; b) Average instance; and c) Small instance. 30 SECTION II organisation and operation Article 75 1 Operation. The judicial courts of first instance, as the case may be, as singular as collective court tribunal or as trial by jury. 2. In each court or exercising judgment one or more judges of law. 3. When the law of procedure determine the offside of the judge, this is replaced in accordance with the following article. 4. in the cases provided by law, may be part of court judges designated from among social persons of recognized suitability. 5. where it is not possible the designation or the intervention of judges, court is constituted by a single judge or by the collective, as appropriate. 6. The law may provide for the collaboration of qualified technicians when the trial of the matter in fact depend on special knowledge.
76 replacement of judges of law 1. The judges of law shall be replaced by the President of the Court of the judicial district, in his absences and impediments, by another judge in the same district. 2. In the courts with more than one judge, the judge of the first section is replaced by the second, this by the third, and so on, so that the last section is replaced by the first. 3. Replacing extending for a period exceeding 30 days is remunerated, as defined in paragraphs 2 and 3 of the next article.
Article 77 accumulation of functions 1. In addition to the cases provided for by law, the Supreme Judicial Council may, on a proposal from the President of the District Court, determines that a judge carries 31 functions in more than one judgment of the same region, considered the needs of the service and the existing procedure volume. 2. The remuneration referred to in the preceding paragraph is attributed according to the service actually provided and with reference to the time spent in particular with the implementation of the same, with the ceiling the entire salary of the judge in accumulation. 3. the remuneration referred to in this article shall be fixed by order of the Member of Government responsible for the area of Justice, under approval of the Superior Council of the judiciary who is paying.
Article 78 special framework of judges 1. In the counties where the amount of the service, in accordance with Decree-Law, exercising exclusive purpose the trial judges in court. 2. The officials referred to in the preceding paragraph shall be entitled to subsistence allowance in accordance with the needs of travel under the general law, no time limit. 3. district courts shall apply the provisions of paragraphs 2, 3, 4, 6 and 7 of article 60 shall apply mutatis mutandis. 4. The remuneration of auxiliary judges corresponds to which they would compete if exercise functions such as staff in the courts so that are highlighted.
Article 79 complementary Framework of judges
1. At the headquarters of each judicial district there's a scholarship judges for posting in the respective district courts in the lack or the impediment of their holders or the vacancy of place or which are subject to the conditions laid down in the combined provisions of the previous article and paragraph 2 of article 60 2. The judges are appointed in service, for a period of three years, earning, when highlighted allowances pursuant to general law, no time limit. 3. The number of judges is fixed by order of the members of the Government responsible for the areas of finance and justice, on a proposal from the Superior Council of the judiciary 32. 4. It is the responsibility of the Superior Council of Magistracy to carry out the management of the scholarships referred to in paragraph 1 and regulate your posting.
Article 80 sections the Superior Council of Magistracy may proceed to the specialization of the sections of the judgments in the courts of the judicial district for administrative purposes, with compliance with the provisions of the decree-law referred to in paragraph 1 of article 180.
Article 81 1 distribution shifts. In judgments with more than one section, there's a judge, who presides over the distribution and decide the issues with this. 2. With the exception of those taking place in judicial vacations, the shifts are commencing in the days and weeks 1 and 16 of every month following the order of numbering of sections and, in each, the order of seniority of judges.
Article 82 urgent Service 1. Judicial district courts are organized shifts to ensure the urgent service during holiday periods. 2. Are still organized shifts to ensure the urgent service provided for in the code of criminal procedure, the law on Mental Health and Protection of minors Organization that should be run on Saturdays, holidays falling on Monday and that on the second day, holiday in case of consecutive holidays. 3. The organization of shifts referred to in the preceding paragraphs rests, as appropriate, to the President of the District Court and the public prosecutor Coordinator, prior hearing of the judges and, whenever possible, with the advance of 60 days. 4. For service provided pursuant to paragraph 2 is due remuneration supplement, in terms to be defined by Decree-Law 33.
Article 83 1 support Office to the magistrates. Is created, depending on the Supreme Judicial Council, a support Office to the magistrates. 2. Each region is endowed with a support Office, the President of the respective Coordinator County Court. 3. The support Office is intended to ensure assistance and technical advice to the magistrates of each region and to the President of the Court, in accordance with the set by Ordinance. 4. Each support consists of experts with scientific training and appropriate professional experience, in number to be fixed by order of the members of the Government responsible for the areas of finance, public administration and justice. 5. The recruitment of staff referred to in the preceding paragraph shall be made by the Superior Council of the Magistracy, through service. 6. staff remuneration levels provided for in this article shall be laid down in implementing decree, being their expenses borne by the Superior Council of the Magistracy.
SECTION III management of courts subsection I District President of the County Court Article 84 President In each District Court there is a President, who is assisted by an administrator.
34 Article 85 1 Nomination. The President is appointed, by choice, by the Superior Council of the Magistracy, in service for a period of three years from among judges with specific training course which comply with the following requirements: a) serving as Judges and Judges possess actual rating of not less than Good with distinction; or b) serving as judges of law effective, having 10 years of effective service in the courts and not less than Good with distinction. 2. The service does not place the vacancy and can be terminated at any time by reasoned decision of the Superior Council of Magistracy.
Article 86 Renewal and evaluation 1. The Commission President's service can be renewed once, upon a favourable assessment, resulting from the audit conduct by the Superior Council of Magistracy. 2. the audit focuses solely on the exercise of the powers legally allocated to management President.
Article 87 1 Skills. Without prejudice to the autonomy of the Public Ministry and the power of delegation, the President of the District Court has powers of representation and management, procedural, administrative management and functional. 2. The President of the Court has the following representation and powers Steering: a) Represent and direct the Court; b) monitor the achievement of the targets set for the services of the Court on the part of officials; c) Promote meetings planning and evaluation of the results of the Court, with the participation of judges and staff; 35
d) Adopt or propose to the competent authorities, in particular measures of bureaucracy, simplification of procedures, use of information technology and transparency of the justice system; and) Be heard by the Supreme Judicial Council, where it is considered the completion of sindicâncias concerning the judgments of the district; f) to be heard by the Council of officers of Justice, where it is considered extraordinary inspection as employees of the district or County secretariats in relation to sindicâncias; g) preparing, for submission to the Superior Council of Magistracy, a half-yearly report on the State of the services and the quality of the response, giving notice of the same to the Attorney-General and the Directorate-General for the administration of Justice (DGAJ). 3. The President of the Court has the following functional competences: a) the judges and employees give ownership; b) drawing up maps and holiday shifts of judges and submit them to the approval of the Superior Council of the Magistracy; c) Authorise the enjoyment of a vacation of officials and approve its annual maps d) exercise disciplinary action on the staff in service at the Court in respect of gravity lower than the penalty of fine and, in other cases, initiate disciplinary proceedings if the offence occur in the respective court; and appoint a replacement judge), in case of impediment of the legal substitute, pursuant to article 76 4. The President of the Court has the following procedural management skills, and the exercise them through prior hearing of the judges of the District Court and without prejudice to the jurisdictional power of each judge: a) Implement working methods and measurable objectives for each organic unit, without prejudice to the powers and duties in this respect on the part of the Superior Council of the judiciary, in particular, in the setting of appropriate procedural volume indicators; b) monitor and evaluate the activities of the Court, in particular the quality of the justice service provided to citizens; c) track the movement of procedure of the Court, in particular, identifying the processes that are pending for long considered excessive or 36 that are not resolved in a period considered reasonable by informing the Superior Council of the Magistracy and proposing measures that are justified; d) promote the application of simplification measures and streamlined procedure; and) propose to the Superior Council of Magistracy of specialization in judgments; f) propose to the Superior Council of Magistracy the redeployment of judges within the district, with a view to rational distribution and efficient service; g) carry out the redeployment of staff within the respective region and legally defined boundaries; h) Request the supply of additional response needs, in particular through recourse to the complement of judges. 5. The President of the Court has the following administrative powers: a) draw up the draft budget; b) Propose budget changes considered appropriate; c) Participate in the design and implementation of organizational measures and modernisation of courts; d) Planning human resources needs; and Manage the use of spaces) of the Court, in particular the common use spaces, including the courtrooms; f) Ensure the existence of conditions of access to court services and the maintenance of the quality and safety of existing spaces; g) regulate the use of parks or private vehicle parking places; h) Arrange, in collaboration with the competent services of the Ministry of Justice, by the proper use, maintenance and upkeep of the equipment assigned to the respective services; I) Arrange, in collaboration with the competent services of the Ministry of Justice, the maintenance of premises, goods and equipment common take or propose measures for your rational use. 6. The President shall exercise the powers which have been delegated by the Superior Council of Magistracy. 7. The powers referred to in paragraph 5 shall be performed, by delegation from the President, by the administrator of the Court, without prejudice to the power of recall and appeal. 8. For the purposes of monitoring the activity of the Court, including 37 concerning the duration of the processes and productivity, computer data are available from the judicial system, respecting the protection of personal data.
Article 88 Magistrate Coordinator 1. When, in the region, there are courts with three judges, the President, listen to the judges of the district, may propose to the Supreme Judicial Council the appointment, to the judgments in question, a coordinator between their magistrate judges, who shall, in the context of judgment, the following delegated powers subject to appeal to the President or recall of competence by the President Management Skills: a) in accordance with point (b)) of paragraph 2 of the preceding article; b) procedural management skills under subparagraphs (a)) c) of paragraph 4 of the preceding article 2. The magistrate exercises its competence Coordinator under the guidance of the President and should pay your bills exercise whenever requested to do so by the President. 3. The magistrate Coordinator attends the course referred to in article 91 Article 89 public prosecutor Coordinator 1. In each District Court there is a public prosecutor appointed coordinator of Deputy Attorneys General, by the Board of Governors of the Public Ministry. 2. The public prosecutor shall exercise the following powers, Coordinator with regard to magistrates and Public Ministry officials: the) track the movement of procedural services, identifying, in particular, the processes that are pending for long considered excessive or that are not resolved in a period considered reasonable, informing the Attorney General of the Republic and proposing measures that are justified; b) monitor the development of the targets set for the services of the Department of public prosecutions on the part of prosecutors and staff; 38
c) Promote meetings planning and evaluation of the results of the Court, with the participation of prosecutors and staff; d) Adopt or propose to the competent authorities, in particular measures of bureaucracy, simplification of procedures, use of information technology and transparency of the justice system; and) to be heard by the Board of Governors of the Public Ministry, where it is considered extraordinary inspection or sindicâncias how to Prosecutor of the judicial district; f) drawing up maps and holiday shifts of prosecutors and authorize and approve the maps of vacation of officials; g) exercise disciplinary action on employees in Public Ministry services functions in respect of gravity lower than the penalty of fine and, in other cases, initiate disciplinary proceedings if the offence occur in the respective court; h) Defining working methods and measurable objectives for each organic unit, without prejudice to the powers and duties in this respect on the part of the Superior Council of the Public Ministry; I) prescribe the application of simplification measures and streamlined procedure j) carry out the redeployment of staff within the respective region and legally defined boundaries; k) Ensure the existence of conditions of access to services of the public prosecutor and the maintenance of the quality and safety of existing spaces. 3. The public prosecutor Coordinator attends the course referred to in article 91 article 90 1 pay Status. The judge President, to be Chief Judge, receives a maturity corresponding to the Office of origin. 2. The remuneration status of the President, when judge, is equated to that of judges placed in exclusive allocation to trial in court. 3. The President has the right to representation expenses, in an amount to be determined by decree-law. 39 article 91 1 Training. The Office of President involves the frequency of specific training course, which includes, inter alia, the following areas of competence: a) Organization and administrative activity; b) Organization of the judicial system and administration of the Court; c) management of the Court and procedural management, d) simplification and streamlining of procedure; and Evaluation and planning); f) human resource management and leadership; g) management of budgetary resources, and technological materials; h) information and knowledge; I) quality, innovation and modernization. 2. The training course is conducted by the Centre for Judicial Studies in collaboration with other training bodies, as defined by order of the Member of Government responsible for the area of Justice approving the regulation of the course.
Article 92 Features appeal to the Superior Council of the Magistracy, the appeal within 20 business days, of administrative acts performed by the President pursuant to paragraphs 3 and 4 of article 87 SUBSECTION II 40 judicial Administrator Article 93 1 District Court administrator. In each court there is an administrator, which assists the respective President. 2. The administrator shall act under the guidance and direction of the President of the Court.
Article 94 1 Recruitment. The administrator is appointed by the President, by choice, from persons appearing on the list organized and published by DGAJ, after conducting public competition. 2. Are admitted to the course of training referred to in the following article, by conducting public competition, promoted by the DGAJ: the Secretaries of Justice) with very good rating; b) Workers exercising public functions with academic background and professional experience appropriate to the exercise of their functions. 3. the rules for the implementation of the call for tenders and the placing and permanence of the candidates on the list referred to in this article are set out in the regulatory decree.
Article 95 Training 1. The Office of administrator roles depends on prior approval in specific training course, which includes, inter alia, the following areas of competence: a) Organization and administrative activity; b) human resources management and leadership; c) Budget and accounting of the courts; d) health and safety at work; and budgetary resource management) materials and technology; f) information and knowledge; g) quality, innovation and modernization. 2. candidates attend the course on the proper mode of internal mobility, keeping the remuneration corresponding to the source link. 41 3. The training course is conducted by the Centre for Judicial Studies in collaboration with other training bodies, as defined by order of the Member of Government responsible for the area of Justice approving the regulation of the course.
Article 96 1 Nomination. The administrator is appointed by the President of the Commission tribunal, by delegation of the Superior Council of Magistracy, for a period of three years which may be renewed for two periods. 2. In case of non-renewal of service functions are handled by the outgoing administrator, under current management, until the appointment of new holder. 3. the exercise of functions in current management regime may not exceed the period of 90 days.
Article 97 1 Skills. The administrator shall perform the duties are delegated or subdelegated by the President of the District Court, the director-general of the administration of Justice, by the President of the Office of financial management and infrastructure of Justice, i. p. and those provided for in this Act. 2. For the purposes of the preceding paragraph, the director-general of the administration of Justice and the President of the Office of financial management and infrastructure of Justice, i. P, can always allow, through an act of delegation of powers, the administrator to practice acts of ordinary administration inserted in the competence of those entities. 3. The administrator may sub-delegate in Secretaries of justice management skills that relate solely to each judgment, subject to recall.
42 Article 98 exemption from time the administrator is exempt from working hours.
Article 99 Remuneration the administrator has the status of director remuneration.
Article 100 service time of service in the post of administrator account, for all legal purposes, as provided in the source category.
Article 101 performance assessment
The administrator performance assessment is carried out by the President in accordance with the integrated management system and evaluation of the performance of the public administration (the STORY).
Article 102 1 Replacement. The adminship can be exercised on a replacement in case of absence or impediment of the proprietor when it provides that these constraints persist for more than 60 days or in the event of vacancy of the place. 2. The appointment in replacement scheme is carried out in accordance with article 96, in compliance with the requirements of article 94 3. The replacement ceases on the date on which the holder resume functions or after 90 days from the date of the vacancy, unless ongoing procedure with a view to appointing new holder. 43 4. The replacement can still cease at any time by decision of the President of the Court or at the request of replacement as soon as approved. 5. The replacement period confers a right to compensation in accordance with article 99 and account for all legal purposes, such as time of service in the post previously occupied, as well as the place of origin.
Article 103 the Commission service Cessation 1. The Commission considers may be given at any time by reasoned decision of the President of the Court, without prejudice to the right of the prior hearing of the administrator. 2. the Commission may terminate service also at the request of the administrator, submitted at least 60 days, which is considered granted within 30 days of the date of submission.
Article 104 supplementary law In everything not expressly provided for in this Act applies to the scheme administrator of Justice employees integrated in the personal group bailiff. SUBSECTION III District Council article 105 In each County there is a County Council, abbreviated designated by Council.
Article 106 1 Composition. The Council has the following composition: 44 a) the President of the Court, presiding; b) the public prosecutor Coordinator; c) a representative of the Bar Association; d) a representative of the Chamber of bailiffs; and a representative of the employees of) justice in the exercise of functions in the region; f) A representative of the municipalities integrated in the region; g) representatives of the users of services of Justice, to designate by the President, a maximum of three. 2. The administrator of the Court is part of the Council, without the right to vote. 3. May participate in the meetings, without the right to vote, convened by its President, any persons or entities whose presence is deemed necessary for clarification of the matters under consideration.
Article 107 Operation 1. The Council meets ordinarily once a month and extraordinarily whenever convened by the President, for your initiative or at the request of one third of its members. 2. The exercise of the Council's positions is not remunerated, happening place for the payment of allowances to the representatives referred to in (c)) g) of paragraph 1 of the preceding article, when they are forced to travel between cities for meetings.
Article 108 1 Skills. It is for the Council to give an opinion on: the annual and multi-annual plans) of activities and activity reports; b) internal regulations of the District Court and the respective courts. 2. It is the responsibility of the Council, decide on the following matters: the Evolution of the response of the Court) to requests and expectations of the community; b) Existence and maintenance of conditions of accessibility and quality of spaces and services of the Court; 45 c) Use, maintenance and upkeep of the equipment assigned to the respective services; d) other issues which are referred to it by the President of the Court. 3. The Council flag, to study and propose to the President to solve problems posed by the representatives of the service operators in legal advice. 4. The Council receives complaints or complaints from the public about the General organisation and operation of the District Court or of any of his judgments and presents to the President of the Court or the magistrate the Ministry Coordinator Public suggestions or proposals to promote your improvement.
SECTION IV jurisdiction article 109 judgments Competence 1. The courts jurisdiction have jurisdiction in its territorial area, as defined in Decree-Law, when the causes are not assigned to a specialised court judgments. 2. The ordinary civil courts have jurisdiction to: (a)) proceed to criminal, decide how to pronunciation and exercise the judicial functions relating to investigation, where there is no criminal judgment; b) Exercise, in the context of the implementation process, the powers laid down in the code of Civil procedure, where there is no judgment of execution; c) comply with the warrants, cards, letters and telegrams addressed to them by the courts or competent authorities; d) Judge the capabilities of the decisions of administrative authorities in cases of alleged infringement, except as provided in articles 118, 120, 121, 122, 131 and 132, where they exist, in the region, the respective specialised courts; and Exercise other competences conferred) by law.
46 section V specialised Courts SUBSECTION I of criminal Judgments article 110 1 Competence. It is up to the judgment of criminal proceeding with the criminal, decide how to pronunciation and exercise the judicial functions relating to the inquiry. 2. When the interest or the urgency of the research justifies it, the judges in Office of criminal can intervene in cases which are assigned to them, outside of your territorial area of competence.
Article 111 special cases of competence
1. The powers referred to in paragraph 1 of the preceding article, as the crimes listed in paragraph 1 of article 47 of law No. 60/98, of 27 August, a central criminal judgment when the criminal activity occur in regions belonging to different judicial districts. 2. the jurisdiction of the criminal courts of the seat of the judicial districts covering the area of the respective district with respect to the crimes referred to in the preceding paragraph when the criminal activity occurring in different regions of the same district. 3. In the counties in which the procedural motion warrants and be created departments of investigation and prosecution (SLIDE), will also be created of criminal courts with competence limited to the area of the counties covered. 4. The powers referred to in paragraph 1 of the preceding article, as strictly military crimes, the criminal sections of the military Criminal Courts of Lisbon and of Porto, with jurisdiction in the areas listed in the code of military justice. 5. the Weighted procedure movement can be created identical sections in other courts, with jurisdiction of 47 under equal, greater or lesser of the corresponding to the region. 6. The preceding paragraphs shall not prejudice the competence of the investigating magistrate of the area where the jurisdictional acts, of urgency, concerning the inquiry should be carried out.
Article 112 1 criminal judges. In the counties where there are no criminal judgment, can the Superior Council of the Magistracy, where the procedural motion justifies it, determine the allocation of judges, in exclusivity, the criminal. 2. The preceding paragraph applies to the county or counties in which is based the judgment of criminal and to integrate in its area of jurisdiction. 3. While holding the allocation referred to in the preceding paragraphs, the magistrates considered increased the number of corresponding units. 4. To support the judges engaged in exclusivity to criminal justice officers are posted.
SUBSECTION II Judgments of family and minors Article 113 competence regarding personal status and family Competes to judgments of family and minors prepare and judge: the) non-contentious procedures relating to spouses; b) voluntary jurisdiction proceedings relating to situations of de facto union or common economy; c) actions to legal separation and divorce-litigious proceedings; d) actions for legal separation and divorce by mutual consent as a result of agreement reached in the context of legal separation or divorce process; 48 e) Inventories required as a result of legal separation and divorce, as well as the precautionary procedures with those related; f) Actions for declaration of non-existence or annulment of civil marriage; g) actions brought under article 1647.º and paragraph 2 of article 1648.º of the Civil Code; h) shares and plays for food between spouses and between former spouses; I) Other actions relating to the personal status and family.
Article 114 Competence on the smaller and older children 1. Compete equally to judgments of family and minors: a) establish guardianship and the administration of assets; b) Appoint that person to conclude business on behalf of the minor, as well as appoint curator-General representing the smallest claim subject to parental responsibility; c) Constitute the bond of adoption; d) Regular exercise of parental authority and know of the issues in this respect; and food due to) fix smaller and larger or emancipated children referred to in article 1880.º of the Civil Code and prepare and judge the executions for food; f) order the judicial trust of minors; g) Authorise the legal representative of minors to practice certain acts, confirm that have been carried out without authorization and arrange on the acceptance of donations; h) Decide about collateral that parents should pay for the benefit of the minor children; I) Enact the inhibition, in whole or in part, and to establish limitations on the exercise of parental authority, as provided for in article 1920.º of the Civil Code; j) carry out unofficial investigation of paternity or maternity, for challenging the presumed paternity; l) Prepare and judge the actions of investigation and impeachment of motherhood and fatherhood; m) Decide, in case of disagreement of parents, about the name and surname of the child. 2. the judgments of family and minors: 49 a) going on guardianship or administration of assets, determine the remuneration of the guardian or administrator, meet the excuse, the resignation or removal of the guardian, the administrator or member of the family Council, require and judge the accounts, authorise the substitution of legal mortgage and determine the strengthening and substitution of collateral provided and appoint a special curator to represent the smallest out of court; b) Appoint special curator to represent the minor in any case protect; c) Convert, revoke and reviewing adoption, require and judge the adopter and fix the amount of the proceeds earmarked for food adopted; d) Decide about the strengthening and substitution of collateral provided in favour of minor children; and) Require and judge the accounts that parents should pay; f) Meet any other incidents in cases referred to in the preceding paragraph. 3-in cases where the law reserve the jurisdiction referred to in the preceding paragraphs to other entities, the jurisdiction of the family courts and minors with respect to review of decisions of these entities.
Article 115 educational skills and 1 umbrella. It is the responsibility of the family and children courts impose measures for minors who, having completed 12 years and before 16 years are a period in any of the following situations: a) Show serious difficulty to adapt to a normal social life, for your situation, behaviour or trend that have revealed; b) surrender to the begging, vagrancy, prostitution, debauchery, abuse of alcoholic beverages or illicit use of drugs; c) Are agents of some fact qualified under criminal law as a crime or against-ordering. 2. the jurisdiction of the family courts and minors is extended to minors under the age of 12 years when the parents or legal representative do not accept tutelary intervention or reeducation of official institutions or non-judicial official. 3. Except for the cases in which jurisdiction fits, by law, the institutions referred to in the 50
paragraph 2, regardless of age, the judgments of family and minors are still competent to: Enact measures in respect of minors) who are victims of abuse, abandonment or helplessness or find themselves in situations likely to endanger the health, safety, your education or morality; b) Enact measures with regard to minors who, having reached the 14 years, are seriously not geared to family discipline, or the establishment of education and assistance are admitted; c) Enact measures with regard to minors who surrender to the begging, vagrancy, prostitution, debauchery, abuse of alcoholic beverages or use of drugs, when such activities do not constitute nor are conexionadas with criminal offences; d) Enjoy and decide applications for protection of minors against the abusive exercise of authority in the family or in the institutions to which they are delivered. 4. When, during the performance of the smaller with more than 16 years making some criminal offence, the mind can know this, for the purpose of reviewing the measure, if the personality of the minor and the minor the fact that circumstances so advise. 5. Cease the competence of judgement when this process comes in after the minor reaches 18 years, in which case is filed.
Article 116 1 Constitution. The judgment of family and minor works, as a rule, with a single judge. 2. In cases in which they assume the implementation measure of relocation, promotion or protection measure without agreement, and in the case referred to in paragraph 4 of the preceding article, the trial belongs to a court consisting of the judge, presiding, and two judges.
SUBSECTION III Judgments of job 51 Article 117 civil Competence it is up to the judgment of the work meet in civil matters: a) Of questions relating to the annulment and interpretation of collective labour regulation instruments that are not administrative nature; b) Of emerging issues of subordinate work relations and relations established with a view to concluding employment contracts; c) Of emerging issues for accidents at work and occupational diseases; d) nursing or hospital issues, for the supply of medicinal products emerging from the provision of clinical services, dental and orthopedic appliances or any other services or benefits made or paid for the benefit of victims of accidents at work or occupational diseases; and) Of actions to annul the acts and contracts entered into by any entities responsible to avoiding the fulfilment of obligations arising from the application of Trade Union or labour legislation; f) emerging issues of similar contracts for the law; g) emerging issues of learning and training contracts; h) of the issues between workers at the service of the same entity, the respect of rights and obligations arising out of acts done in execution of its labor relations or resulting from unlawful activities practiced by one of them in the execution of the service and by reason of this, subject to the competency of the criminal courts regarding civil liability connected with the criminal; I) of the issues between welfare institutions or child benefit and its beneficiaries, when respect the rights, powers or legal, regulatory or statutory obligations of one or other, without prejudice to the competence of the administrative and tax courts; (j)) of the issues between unions and business partners or persons for they represented, or affected by your decisions, when the rights, powers or legal, regulatory or statutory obligations of one or other; l) intended for settlement processes and sharing of assets of pension institutions or trade union associations, when there is no legislative provision to the contrary; m) of the issues between welfare institutions or between trade union associations, the 52 concerning the existence, extent, or quality of powers or legal, regulatory or statutory duties to one of them affecting the other; n) executions based on their decisions or other enforceable instruments, subject to the competence assigned to other courts; the) of the issues between subjects of a legal relationship or between one of these subject and third parties when related relations with the emerging employment relationship, by acessoriedade, complementarity or dependence, and the request would aggregate with another for which the mind directly; p) of the issues that have action with counterclaims the connection relations referred to in the preceding paragraph, except in the case of compensation, in which the connection is dispensed; q) Of civil matters relating to the strike; r) of the issues between workers ' committees and the respective coordinating committees, the company or employees thereof; s) other matters which by law they are assigned.
Article 118 administrative competence is the responsibility of the labour courts to judge the capabilities of the decisions of the administrative authorities in a misdemeanour procedures in the fields of employment and social security.
Article 119 of the Constitution Court 1 collective. On the causes referred to in (a)), b), and), f), (g)) and q) of article 117 in that should step in the collective, the Court consists of the collective by two judges. 2. On the causes referred to in point (f)) of article 117, a social judges should be named as independent worker and another as an employed person. 3. The other causes referred to in paragraph 1, one of the judges is recruited among employers and among employees.
53 SUBSECTION IV of Judgments Article 120 trade Jurisdiction
1. It is for the courts of Commerce prepare and judge: a) the insolvency process; b) actions for declaration of non-existence, nullity and annulment of articles of Association; c) actions relating to the exercise of social rights; d) actions for suspension and cancellation of corporate resolutions; and) actions of compulsory liquidation of companies; f) Actions of dissolution of European company; g) action of dissolution of holding companies; h) actions referred to in the commercial registry Code. 2. courts of Commerce still judging: a) the appeals from the orders of the Conservatives of the commercial register, as well as the appeals of decisions made by the Conservatives under the administrative procedure of dissolution and liquidation of companies; b) the resources of the decisions of the competition authority, in the process of ordering. 3. The authority referred to in paragraph 1 shall cover the relevant incidents and attached. 4. The skills referred to in point (b)) of paragraph 2, as well as the competence for the implementation of their decisions, to the medium or small instance, depending on the value of the fine, in the counties where there are no trade judgment. 5. It is for the courts to exercise trade, where there is no intellectual property judgments, these competences allocated.
SUBSECTION V 54 intellectual property judgments Rule 121 1 Competence. It is up to the judgment of the intellectual property meet the issues: the Actions of Declaration) the cause of action verse on intellectual property rights, copyright or other rights related to intellectual property and the special right of databases; b) Declaration measures the subject verse on industrial property, in any of the procedures laid down in the law; c) nullity and cancellation actions provided for in the code of Industrial property; d) appeals that laid down in the code of Industrial property to grant, refuse or have the effect of the extinction of any intellectual property right; e) the decisions of the resources National Institute of Industrial property, in a misdemeanour procedure. 2. The powers referred to in the preceding paragraph covers the respective incidents and attached. 3. The skills referred to in point (e)) of paragraph 1, as well as the competence for the implementation of their decisions, to the medium or small instance, depending on the value of the fine, in the counties in which there is no judgment of intellectual property.
SUBSECTION VI Maritime Competence 1 122 Judgments. It is the responsibility of the maritime courts know the issues: a) claims due for damage caused or suffered by ships, vessels and other floating devices, or resulting from your use, in accordance with maritime law; b) construction contracts, repair, sale and purchase of ships, vessels and other floating devices, since intended for marine use; 55 c) contracts of carriage by sea or combined or multimodal transport contract; d) contracts of transport by waterway or channel, within the limits of the table I annexed to the general regulation of port authorities; and use of maritime contracts) ships, vessels and other floating devices, in particular those of chartering and leasing; f) contracts of insurance of ships, vessels and other floating devices destined for maritime use and their loads; g) Mortgages and privileges on ships and vessels, as well as any real guarantees on floating devices and their loads; h) special procedures relating to ships, boats, floating devices and their other charges; I) precautionary Procedures on ships, vessels and other floating devices, their cargoes and bunkers and other relevant values to ships, vessels and other floating devices, as well as preliminary request to the captaincy to hold the output of the things which are subject to such procedures; j) common or faults Faults, including those relating to other floating devices destined for maritime use; l) maritime assistance and salvation; m) trailer contracts and piloting contracts; n) removal of debris; the emerging liability) pollution of the sea and other waters under your jurisdiction; p) Use, loss, found or appropriation of devices or fishing or catching shellfish, molluscs and marine plants, anchors, rigging, weapons, provisions and more articles intended for navigation or fishing, as well as damage caused or suffered by the same material; q) damages caused in the maritime public domain goods; r) property and possession of bile and things from or arising from the sea or existing remains, which lie in the respective soil or subsoil or that arise or exist in inland waters, if running maritime interest; s) Prey; t) all questions in General about matters of maritime trade law; 56 u) resources of the harbormaster's decisions handed down in the process of ordering. 2. The skills referred to in point (a) u) above, as well as the competence for the implementation of their decisions, to the medium or small instance, depending on the value of the fine, in the counties in which there is no judgment.
SUBSECTION VII execution of Judgments article 123 feathers Competence
1. It is the responsibility of the execution of judgments exercise jurisdiction in respect of the execution of prison sentence, indeterminate and relatively penalty for safety inimputáveis internment. 2. especially to the implementation of penalties: a) Grant parole and decide about your revocation; b) Decide the admission or the suspension of the execution of the sentence of imprisonment of persons with psychic anomaly attributable has arisen during the execution of the prison sentence, as well as their review; c) decide on the modification of the execution of the sentence of imprisonment in respect of convicts who suffer severe and irreversible illness terminal; d) Review, renew and re-examine the security measure of relocation of inimputáveis; e) grant freedom to test and decide about your revocation; f) individual plan approved for rehabilitation of convicted relatively indeterminate sentence and their modifications; g) Utter the order for default judgment and Declaration of attachment must exist for convict who intentionally if you have partially exonerated the enforcement of a prison sentence, a relatively indeterminate sentence or a detention order for hospitalization; h) Declare the extinction of the execution of the sentence of imprisonment, the penalty in respect of indefinite detention order for hospitalization; 57 i) Decide on the provision of community work or your withdrawal in the case of successive execution of security measures and custodial penalty; j) decide on the provisional cancellation in the criminal record of any fact or decision in this attached; l) formulate an opinion on granting and deciding on the revocation of pardon, as well as make your application, and apply the amnesty and forgiveness generic whenever the respective processes are in the Office, even if on a temporary basis; m) Inform the victim of the escape or release of the inmate, in the cases provided for in paragraph 3 of the article 480.º, paragraph 2 of article 482.º and article 506.º of the code of criminal procedure.
Article 124 the judge's Jurisdiction without prejudice to the jurisdictional functions provided for in the preceding article, the judge sentences: execution) Visit regularly and whenever it is necessary or convenient to the prisons of the respective area of jurisdiction, in order to become aware of how they are to be performed on the convictions; b) Enjoy, on the occasion of the visit, the prisoners ' claims that to this end they fall in a proper book, listening to the director of the establishment; c) hear and determine actions or proceedings brought by inmates of disciplinary decisions applying sanction of internment in a disciplinary cell for more than eight days; d) Grant and revoke extended precarious outputs; e) convene and preside over the Council of technical establishments, where the understand necessary or the law so provides; f) order the accessory penalty of expulsion execution, declaring the jail time, and determine the anticipated execution of the penalty of expulsion accessory; g) Exercise the other powers conferred by law.
SUBSECTION VIII executing Judgments article 125 Competence 58 1. It is up to the judgment of running exercise, in the framework of the civil execution process, the powers laid down in the code of Civil procedure. 2. Are excluded from paragraph 1 the processes assigned to family courts and lower courts, courts of labour trade and maritime Judgments and executions of sentences handed down by criminal judgment which, under the criminal procedure law, should not run before a civil judgment. 3. also run to the exercise, in the context of the procedures of execution for debts of civil fines and costs in civil proceedings, the powers laid down in the code of Civil procedure assigned to specialised courts referred to in the preceding paragraph.
SECTION VI specialised Courts in civil and criminal matters Article 126 1 specialization levels. In each region can be created, so set or autonomous, specialised judgments in civil matters and in criminal matters, up to three levels of expertise, whose determination of jurisdiction corresponds to the provisions of articles following. 2. You can create the following types of specialised courts, civil or criminal: a) Judgements of great civil instance; b) Judgements of grande instance, c) average civil instance judgments; d) average criminal instance judgments; and small civil instance judgments); f) Judgements of small criminal instance.
59 SUBSECTION I specialised civil judgments article 127 judgment of grande instance civil law 1. The big civil instance: a) the preparation and trial of declarative actions of the civil jurisdiction of the Court of appeal in which the law provides for the intervention of the collective Court; b) Exercise, the executive actions founded on title other than value, higher than the jurisdiction of the courts of appeal, the powers laid down in the code of Civil procedure, in constituencies which are not covered by the competence of another mind; c) the preparation and trial of precautionary procedures that match your actions. d) exercise the powers conferred by law too. 2. In the counties where there are no judgments of family and minors or trade, the provisions of subparagraph (a)) of the preceding paragraph is extended to actions that fit to these judgments. 3. Are sent to large civil instance the cases pending in the courts of civil instance average in that changing the value likely to determine your competence. 4. In large civil responsibility of the judge of the instance or the judge who is distributed the process performance of the duties provided for in article 138 shall apply mutatis mutandis.
Article 128 average civil instance judgments 1. The average civil instance judgments are responsible for preparation and trial of civil proceedings not assigned to other courts or courts. 2. the average judgment civil instance exercise the powers provided for in paragraph 1 (b))) of paragraph 2 of article 109, except when the same fit in the territorial jurisdiction of a Court of jurisdiction in the region. 60 3. The average civil instance judgment shall have jurisdiction for all actions, issues and procedures that would fit in the competence of the courts of great and small civil instance, when there are no other instances of civil expertise in the region.
Article 129 small civil instance judgment
The small civil instance prepare and judge the civil causes the that matches the form of accelerated process and civil causes not provided for in the code of Civil procedure that matches particular process and whose decision is not likely to appeal.
SUBSECTION II specialised criminal judgments Article 130 judgment of grande instance 1 criminal. The great criminal instance issue order under articles 311 to 313 of the code of criminal procedure and proceed to trial and to subsequent terms in criminal proceedings within the jurisdiction of the Court or of the collective jury. 2. The great instance of criminal judicial districts of Lisbon, as well as the port has jurisdiction for the trial of crimes strictly military, under the code of military justice.
Article 131 average criminal instance judgments 1. The average criminal instance judgments shall: a) the preparation, the trial and the subsequent terms of not assigned expressly to other courts or courts; (b)) in the counties where there are no other judgments of criminal specialization, the practice of the 61 acts which, in this respect, is attributed to the jurisdiction; c) In regions not covered by the jurisdiction of the criminal courts, the practice of acts referred to in subparagraph (a)) of paragraph 1 of article 109; d) the judgement of the appeals of the decisions of administrative authorities in a misdemeanour procedure, except as provided in articles 118, 120, 121, 122 and 132. 2. When the average criminal instance judgments be attributed the competence referred to in subparagraph (b)) of the preceding paragraph, these assume the name of instance criminal judgments.
Article 132 small instance judgment belongs to small criminal criminal instance prepare and judge: the) Causes the corresponding process form contents, abbreviated and accelerated; b) resources of the decisions of administrative authorities in the process of ordering, when the value of the fine is equal to or less than € 15,000, regardless of the applicable accessory sanction, subject to articles 118, 120, 121 and 122.
SECTION VII implementation of Article 133 decisions implementing the decisions without prejudice to the competence of courts of execution, the other specialised courts are competent to carry out their decisions.
SECTION VIII individual, collective and Court jury 62 SUBSECTION (I) singular Article 134 Court composition and jurisdiction 1. The unique Court consists of a judge. 2. the singular judge court processes that should not be judged by the Court or jury collective.
SUBSECTION II collective Court 135.3 Composition 1. The collective Court consists of three judges. 2. district courts deployed in large judgments and civil or criminal instance average, the collective Court consists of private judges, unless the Superior Council of the Magistracy, for convenience of service and heard the President of the Court of the judicial district, determine diverse composition. 3. In the counties where the amount of the service advise and which are listed in Decree-Law, the Court's collective consisting of two judges in exclusive allocation to the trial judge and of the collective process. 4. In all other cases, the Superior Council of the Magistracy, heard the President of the Court of the judicial district, designates the judges required the establishment of the Court, and the collective designation fall in private the same county judge except manifest impossibility. 5. The tables of the great instance of Lisbon and Oporto criminal foresee a military judge for each branch of the armed forces and one of the GNR, which intervene in accordance with the provisions of the Code of military justice.
63 Article 136 the Court judging collective Competence: a) in criminal matters, the procedures referred to in article 14 of the code of criminal procedure; b) issues of fact in the actions of value higher than the jurisdiction of the courts of appeal and in incidents and to follow the terms of the declaration process and exceed such jurisdiction, without prejudice to cases in which the law of process delete the your intervention; c) The points of law, in the law of the process to determine.
137 collective Court 1. The Court is headed: the collective) in the regions referred to in paragraph 3 of article 135, by one of the judges sole purpose; b) in all other cases, the judge of the case. 2. In the case of subparagraph (a)) of the preceding paragraph, the President of the Court is evenly distributed by the collective judges exclusive purpose. 3. The President of the District Court to carry out the distribution referred to in the preceding paragraph, listen to their judges.
Article 138 of the Competence President 1. The President of the Court: the collective) Drive the discussion and trial hearings; b) Elaborate the judgments in criminal trials; c) Uttering the sentence end in civil proceedings; d) Supply the deficiencies of judgments and of the judgments referred to in paragraph 1(a) above, clarify them, reforming them and sustain them in accordance with the laws of procedure; 64 e) Organize the program of collective court sessions; f) perform the other functions assigned by law. 2. the President of the Court judgment in the case of collective provided for in paragraph 5 of article 334 of the code of criminal procedure SUBSECTION III Court of jury Composition article 139 1. The grand jury is composed of the President of the Court, who presides over collective, by the remaining judges and jurors. 2. The law regulates the number, recruitment and selection of judges.
Article 140 Competence 1. It is for the Court of jury to judge the processes referred to in article 13 of the code of criminal procedure, unless the purpose of terrorism or crimes refer to highly organized crime. 2. The intervention of the jury at the trial is defined by the process.
SUBSECTION IV rural Lease Article 141 the Court Composition 1. In proceedings which have as their object tenancies rural issues, integrate the two court judges. 2. social judges, one is recruited from among landlords and another between tenants.
65 CHAPTER VI rule 142 public prosecutor public prosecutor
1. The Prosecutor is represented: a) the Supreme Court of Justice, the Attorney General of the Republic; (b)) in the courts of appeal, the Attorneys General and by Deputy Attorneys General; c) In judgments of county courts, public prosecutors and Deputy Prosecutors. 2. The headquarters of judicial districts and the courts referred to in art. 45 of the Statute of judicial magistrates, approved by law No. 21/85 of 30 July, there is at least one public prosecutor. 3. The liaison magistrates referred to in paragraph 1 they replace in accordance with the Statute of the Prosecutor's Office, approved by law No. 60/88, of 27 August. 4. the Prosecutor shall apply, mutatis mutandis, the provisions of paragraphs 2 to 6 of article 60 and in articles 78 and 79 CHAPTER VII Judicial Agents Article 143 Lawyers 1. The law ensures the lawyers the immunities necessary for the exercise of the mandate and regulate forensic sponsorship as an essential element in the administration of Justice. 2. For the protection of individual rights and guarantees, lawyers can request the intervention of the competent courts. 3. The immunity necessary to the effective performance of the mandate is provided to lawyers by the forensic legal recognition and gross, in particular warranty: a) the right to the protection of professional secrecy; (b)) the right to free exercise of patronage and by not sanctioning the practice of 66 acts in accordance with the status of the profession; c) the right to special protection of communications with the customer and to the preservation of the confidentiality of documents relating to the exercise of the defense.
Article 144 Solicitors solicitors are auxiliaries of the administration of Justice, the court order in the cases and with the limitations provided by law.
145 the Bar Association and Chamber of bailiffs 1. The Bar Association and the Chamber of bailiffs have the right to the exclusive use of installations in the buildings of the judicial courts reserved to them by the President, being able through Protocol, be set burden-sharing with regard to equipment and maintenance costs. 2. legal representatives have the right to the exclusive use of facilities that, in view of their duties, they are intended for the President.
CHAPTER VIII the Courts article 146 Supreme Court and courts in connection with installation of the Supreme Court of Justice and the Court of appeal constitutes direct burden of the State.
CHAPTER IX Judicial Departments section 1 General provisions Article 147 67 hours of courts Offices is provided by secretariats, with the composition and the powers provided for in this law and those defined in Decree-law.
Article 148 Composition 1. The secretariats include judicial services and services of the Public Ministry. 2. The secretariats can still understand administrative services and external service sections.
Article 149 Secretariats-General 1. In the courts of the judicial district in which the nature and volume of the service so require, there are departments with centralized administrative functions, designated by the general secretariats. 2. The secretariats-General may cover one or more judgments or one or more of the public prosecution services.
Article 150 Secretaries may be created with authority to departments, through bailiffs, carry out the steps necessary for the conduct of the execution process.
Article 151 hours of operation 1. The schedule of the secretariats is set by order of the Member of Government responsible for the area of Justice. 68 2. The Secretaries work on Saturdays, holidays falling on Monday and that on the second day, holiday in case of consecutive holidays, when it is necessary to ensure urgent service.
Article 152 Entry in 1 departments. The entry in the secretariats is forbidden people to services. 2. The preceding paragraph shall not apply to legal agents. 3. upon authorization by the employee who lead the Secretariat, who allowed, because of your particular interest in the acts or processes, she should have access.
Article 153 staffing the creation or modification of the staffing of the secretariats is done by order of government officials responsible for the areas of finance, public administration and justice.
SECTION II registration and file Article 154 Record of procedural documents and processes 1. The procedural documents and processes presented in the secretariats are recorded in books or in computer-readable form determined by the director-general of the administration of Justice. 2. Once registered, the paper supports of procedural documents and processes can only leave the Secretariat as expressly provided by law and subject to the formalities laid down by it, charging receipt and taking output. 3. Is privileged the use of electronic means for transmission and processing of legal documents, and for your disclosure, pursuant to law, citizens.
69 Article 155 1 File. Shall be deemed to have ended for the purposes of file: a) civil cases, from the expiration of three months after the final transit of the final decision; b) criminal cases, from the expiration of three months after the final decision of acquittal transit or another final damning decision, the extinction of the sentence or security measure; c) the processes in which the interruption of the instance; d) investigation processes, from the expiration of three months after dispatch of archiving; and the other dependent processes) of the Department of public prosecutions as soon as your order completed. 2. proceedings, books and papers join in the Court after the public prosecutor's Office and the disciplinary action, as appropriate, the judge or the public prosecutor.
Article 156 conservation and disposal of documents the Member of Government responsible for the area of Justice defines, by ministerial order, the conservation regime and removal of documents on file.
Article 157 Faithful depositaries 1. The officials who lead the departments, sections and services are faithful custodians of the file, values, processes and articles which relate to them. 2. the officials referred to in the preceding paragraph shall confer the inventory after you accept their position.
70 Article 158 use of information technology the information technology is used for the processing of data relating to the management of the courts, judicial proceedings and to file, with respect for the constitutional and legal provisions in force.
CHAPTER X legislative changes
Section I, amendments to the Civil Procedure Code Article 159 Civil Procedure Code articles 65, 65-A, 67, 90, 122, 162, 164, 177, 210.º, 222.º, 235, 239.º, 248, 249, 251, 467.º, 474.º, 509.º, 556.º, 574.º, 584.º, 623.º, 808.º and 1352.º of the code of Civil procedure, approved by Decree-Law No. 44,129 of 28 December 1961, as amended by decree-laws Nos. 47690 of 11 May 1967 , and 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July by decree-laws Nos. 261/75, of May 27, 165/76, March 1, 201/76, of 19 March, 366/76, of May 5, 605/76, of 24 July, 738/76, of 16 October, 368/77, September 3 , and 533/77, of 30 December, by law No. 21/78, of 3 may, by decree-laws Nos. 513-X/79, of December 27, 207/80, of 1 July, 457/80, of 10 October, 400/82, of 23 September, 242/85, of 9 July, 381-A/85, of 28 September, and 177/86 , 2 July, by law No. 31/86, of 29 August, by decree-laws Nos. 92/88, of March 17, 321-B/90 of 15 October, 211/91, of July 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February, 329-A/95 of 12 December , 180/96, of 25 September, 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000, of 20 December, by decree-laws Nos. 272/2001, of 13 October, and 323/2001, of 17 December, by Act No. 13/2002, of February 19, and by decree-laws Nos. 38/2003 , March 8, 2003/105 of 10 December, 199/2003, of 10 September, 324/2003, of December 27, 53/2004, of March 18 71 and 76-A/2006, of 29 March, by law No. 6/2006 of 27 February, no. 14/2006, 26 April and no. 53-A/2006 of 29 December , and by decree-laws Nos. 8/2007 of 17 January 2007/303, 24 August, and 34/2008, of 26 February, are replaced by the following: ' article 65 [...]
1. Without prejudice to the Community rules is established and in other international instruments, the Portuguese courts are competent internationally:) [Repealed]. (b)) when the action can be brought in Portuguese court according to the rules of territorial jurisdiction set out in Portuguese law; c) [Repealed]. d) When the right invoked cannot become effective only by means of proposed action on Portuguese territory or if check to the appreciable difficulty in filing of copyright action abroad, since between the subject-matter of the dispute and the Portuguese legal order there is a serious element of connection, personal or real. 2. [Repealed].
Article 65-the [...]
The Portuguese courts are exclusively competent: a) in the cases provided for in Community regulations or in other international instruments; (b)) For the executions on immovable property situated in Portuguese territory; c) [previous (a))]; d) [previous subparagraph (b))]; e) [previous subparagraph (c))]; f) [Former subparagraph (d))].
72 article 67 [...]
Judicial organization laws determine what causes that, on grounds of substance or form, fall within the jurisdiction of the courts of the judicial courts with jurisdiction in special fields.
Article 90 [...]
1 – […]. 2 – […]. 3-the execution is attached, except when, in region with specific executive powers, the sentence has been given by specialised civil judgment or jurisdiction and when the process has however gone up on appeal, cases in which flows in the transfer, without prejudice to the possibility of the judge of the running power, if convenient, thinking to implement the process has ended.
Article 122 [...]
1 – […]. 2-the offside (d)) of the preceding paragraph shall apply only when the agent has already begun to exercise the mandate at the time when the judge was placed on its mind; in the event, is the authorized representative you're inhibited from exercising the sponsorship. 3 – In judgments where there is more than one judge or before the superior courts cannot be admitted as judicial trustee the spouse, relative or in a straight line or in the second degree of the collateral line of the judge, as well as the person living with him in common economy, which, by virtue of the distribution, to intervene in the trial of the cause; but, if that person has already addressed or claimed in the case at the time of distribution, is the judge who blocked. 73 Article 162 [...]
1 – the staff of the registries of the Supreme Court of Justice, of relationships and of any other court whose jurisdiction covers the district or the District Court may practice directly acts they are responsible in all the area of jurisdiction of the relevant tribunal or court, when the area of jurisdiction of this is greater than that of the Court in which it is inserted. 2 – […].
Article 164 [...]
1 – […]. 2-[...] 3-When the acts are committed by electronic means, the provisions of paragraph 1 shall not apply to acts of the employees who are limited to internal communication or refer the case back to the judge, Prosecutor or other registry or section of the same court.
Article 177 [...]
1-the letters rogatory are addressed to senses in whose area the Court Act must be practiced. 2 – when the letter has the purpose of practice Act relating to pending litigation in court to a specialised and where should be held to coincide with the jurisdictional area of wits with identical substantive jurisdiction, already installed, this letter is addressed. 3 – the possibility arising from the conditions laid down in article 162 shall not prevent the dispatch of the letter, in the case of Act to perform outside the jurisdiction of judgment but still in the area of jurisdiction of the Court where the judgment is 74. 4-the possibility arising from the conditions laid down in article 162 shall not prevent the dispatch of the letter, in the case of Act to perform outside the judicial district of the Court where it is inserted, but still in the area of jurisdiction of the Court, where the judge deems necessary. 5 – When it is recognized that the Act must be practiced in place other than indicated in the Charter, must be fulfilled by the judgment of this place. 6-for the purposes of the preceding paragraph, the Court, to which the letter was addressed, send it to that to comply, stating the fact that the mind that has consigned.
Article 210.º [...]
1 – […]. 2 – the differences resulting from the distribution that give rise to between judges of the same region about the designation of judgment in which the process is going to take are resolved by the President of the District Court, observing process similar to that set out in articles 117 et seq.
Article 222.º [...]
In the distribution for the following species: 1st ordinary process actions; 2nd summary actions; 3rd accelerated process actions and special actions for fulfilment of pecuniary obligations arising from contracts; 4th special process actions; 5th Divorce and contentious separation; 6th common Executions, not for costs, fines or other amounts counted, do not come from measures proposed in the judgment; 7th executions by costs, fines or other amounts counted, special designs for food and other plays that do not come from 75 actions proposed in the judgment; 8th inventories; 9th special insolvency Processes; 10th Letters rogatory or rogatory, conservative features, notaries and other officials, complaints about the reform of books of protective measures and any other non-classified papers.
Article 235 [...]
1 – the Act of citation implies the shipment or delivery to the citing of the duplicate copy to the application and the documents attached thereto, communicating it that is cited for the action to which the duplicate relates, and indicating the Court, and section where to run the process, if you have already been distribution. 2 – […].
Article 239.º [...]
1 – […]. 2 – […]. 3 – […]. 4 – […]. 5 – […]. 6 – […]. 7 – […]. 8-the quote is made by the Registrar pursuant to the preceding paragraphs, duly adapted, when the author State, in the application that you want to, paying the rate fixed in the Regulation of Costs, as well as when there are no bailiff entered in the judicial district to which the Court belongs. 9 – […]. 10-[...]. 76 Article 248 [...]
1 – […]. 2-Post will be three edicts, one on the door of judgement, another on the door of the residence's House had in the country and another quoting at the door of the headquarters of the respective Parish Council. 3 – […]. 4 – […]. 5 – […].
Article 249 [...]
1 – edicts individualize the action so that the absent is quoted, indicating who has proposed and which is, in substance, the author's request; In addition, it shall be the Court and its judgment and section of the process runs, the extension, the deadline for the defense and the pain, explaining that the deadline for the Defense only starts to run after after the extension and it tells the publication of the last advertisement or there is no place the ads, the date of display of notices which of these is set out so. 2 – […].
Article 251 [...]
To quote public notice given by the uncertainty of people cite is made in accordance with articles 248 to 250, with the following modifications: first Posting a public notice on the door of the just judgment, unless the uncertain are cited as heirs or representatives of the deceased person, because in this case are also posted notices on the door of the House of the last residence of the deceased and on the door of the headquarters of the respective Parish Council If they are known and in the country; 77 second advertisements are published in newspapers, regional or national in scope, most read at the headquarters of the district.
Article 467.º [...]
1. In the application, with which proposes action, should the author: a) Designate the Court and its judgment in that action is proposed and identify the parties, indicating their names, domiciles or registered offices and, where possible, civil identification numbers and tax identification, professions and workplaces; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]. 2. […]. 3. […]. 4. […]. 5. […]. 6. For the purpose of subparagraph (g)) of paragraph 1, the author designates bailiff entered in the region or in neighbouring region, in your absence, in another region of the same district court, without prejudice to the provisions of paragraph 8 of article 7 239.º. […]. 8. […].
Article 474.º [...]
The Office refuses the application receipt indicating in writing the grounds of rejection, when any of the following facts: a) has no address or is addressed to another court, judgment of the same court or authority 78; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […].
Article 509.º [...]
1 – […]. 2-the parties are notified to appear in person or be represented by legal representative with special powers, when they reside in the area of judicial district, or on their island, in the case of the autonomous regions, or when not residing there, the show does not represent considerable sacrifice, given the nature and the value of the claim and the distance of the journey. 3 – […]. 4 – […].
Article 556.º [...]
1 – […]. 2-the system of providing testimony via teleconference as provided for in article 623.º shall apply to parties residing outside of the region, or to their island, in the case of autonomous regions. 3 – […].
79 Article 574.º [...]
1 – […]. 2 – […]. 3 – when the coach has to take place by letter, the appointment of the experts can take place in judgment deprecated.
Article 584.º [...]
1 – […]. 2 – When the person concerned is resident outside the area of the district and the movement represent disproportionate sacrifice, dispatching letter will precatória, accompanied by a sealed paper, containing an indication of the notified there is write in the presence of judge deprecated.
Article 623.º [...]
1-the witnesses residing outside of the region, or to their island, in the case of autonomous regions, are presented by the parties, pursuant to paragraph 2 of article 628.º, when these so they declared at the time of your offer, or are heard by teleconference on own audience and from the Court of the judicial district of your residence area. 2 – […]. 3 – the day of cross-examination, the witness identifies himself before the officer of the Court of judgement where the testimony is given, but from that moment the inquiry is made to the judgment of the cause and the representatives of the parties, via conference call, without the need for intervention by the judge of judgment where the testimony is provided. 4 – […]. 5 – […].
80 Article 808.º [...]
1. […]. 2. The executing agent functions are performed by bailiff, appointed by the creditor or by the Secretary of the district and registered in the counties bordering, or, in your absence, among those registered in another county in the same judicial district; There is no bailiff entered in the district or occurring cause of impossibility, are these functions, with the exception of those specifically assigned to the bailiff, performed by bailiff, determined in accordance with the rules of distribution. 3. […]. 4. […]. 5. […]. 6. […]. 7. […].
Article 1352.º [...]
1. […]. 2. […]. 3. […]. 4. The parties in sharing residing in the district area are notified with personal appearance requirement, or to represent pursuant to paragraph 2, under pain of a fine. 5. […].»
SECTION II amendments to the code of criminal procedure Article 81 160 code of criminal procedure articles 318 and 426.º of the code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February, as amended by law No. 17/87, of 1 June, by Decree-Law No. 387-E/87, of 29 December, 212/89 , June 30, 17/91, of 10 January, 57/91 of 13 August, by law No. 57/91 of 13 August, by Decree-Law No. 423/91, s of 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, 7/2000, of May 27, and 30-E/2000, of 20 December, by Decree-Law No. 320-C/2000, of 15 December, by law No. 52/2003, of 22 August, by Decree-Law No. 324/2003, of December 27, by organic law No. 2/2004, of May 12, by law No. 48/2007 , 29 August, and by Decree-Law No. 34/2008, of 26 February, are replaced by the following:% quot% article 318 [...]
1. in exceptional cases, the taking of statements by the Assistant, civil parties, witnesses, experts or the technical consultants can, of its own motion or at the request, not be provided in person, and may be requested by the President to the judge of another district, by appropriate means, in accordance with article 111(1):) those people are residing outside of the judicial district. b) […]; c) […]. 2. […]. 3. […]. 4. […]. 5. […]. 6. […]. 7. […]. 82 Article 426.º [...]
1. [...]. 2. When in the same region there is more than one judgment of the same category and composition, the duty of the trial court that result from distribution.»
SECTION III amendments to the Statute of Judicial Magistrates Court Magistrates ' Statute Article 161 articles 7, 8, 28A, 34, 42, 43, 44, 45, 45-A, 46, 59, 61, 71, 138, 149 and 158 of the Statute of judicial magistrates, approved by law No. 21/85 of 30 July, as amended by Decree-Law No. 342/88, of 28 September , and by paragraphs 2/90, of 20 January, 10/94, of May 5, 44/96, of 3 September, 81/98, of December 3, 143/99, of 31 August, 3-B/2000 of 4 April, and 42/2005, of 29 August, are replaced by the following: ' article 7 [...]
It is forbidden to judicial magistrates: the) serve in court in serving judges, prosecutors or officials from justice, connected by marriage or de facto Union, kinship or affinity in any degree of a straight line or to the 2nd degree of collateral line; b) Serve in court in the judicial district in which, over the past five years, have played roles of Prosecutor or that belong to the judicial district in which, in the same period, their lawyer's Office; c) [Repealed]. 83 article 8 [...]
1. The judicial magistrates have domicile necessary at the headquarters of judgment where exercising, however, reside in any point of the District Court, provided that there is no inconvenience for the exercise of functions. 2. […]. 3. […].
Article 28-the [...]
1. The organization of the annual holiday maps racing: a) to the President of the Supreme Court of Justice as regards judicial magistrates of the respective court; (b)) to the President of the Court of appeal, as regards judicial magistrates of the respective court; c) to the President of the District Court, as regards judicial magistrates of the respective court. 2. With a view to ensuring the proper functioning of the courts, the maps referred to in the preceding paragraph are referred to the Supreme Judicial Council accompanied by opinion of Presidents mentioned therein the corresponding harmonisation with the maps of annual leave proposed to prosecutors and justice officials of the respective court. 3. […]. 4. The map referred to in this article shall be drawn up in accordance with the model defined and approved by the Supreme Judicial Council, this if referencing, to every magistrate, the Court or judgment in providing functions, the period or periods of vacation marked and the magistrate, substitute the replacement regime prescribed by law in cases where this is not indicated. 5. […]. 84 article 34 [...]
1. The classification shall take account of the way the Law Judges perform the function, the volume, difficulty and your service management office, the ability to simplify the procedural acts, conditions of work, to your technical preparation, intellectual category, serving as trainer of the justice Auditors, legal works published and suitability. 2. […].
Article 42 [...]
1. […]. 2. The judges shall be appointed to the District Court and, in the case of Court of first instance, are assigned to one of the courts there. 3. When appointed for the first time, the judges are integrated in places of first access.
Article 43 [...]
1. The judges of the right can be transferred to your request when after three years of deliberation that has appointed earlier. 2. [previous paragraph 3]. 3. [previous paragraph 4]. 4. Without prejudice to the preceding paragraphs, could be permitted, exceptionally, exchanges that do not affect the service and third party rights, on equal terms and conditions, ensuring the Superior Council of the Magistracy the enunciation of the applicable criteria. 5. Does not apply to the time limit referred to in paragraph 1 in the case of provision in new places created 85.
Article 44 [...]
1. The placing judges should make law with prevalence of service needs and minimal damage to the personal and family life of the persons concerned. 2. The provision of places in specialised courts depends on: the) frequency of training course in their area of expertise; b) obtaining the title of master or doctor of laws in their area of expertise; or c) Prior Office for at least three years, in its area of expertise. 3. When only the condition set out in subparagraph (c)) of the preceding paragraph, the magistrate attends training course on their area of specialization, within two years. 4. [previous paragraph 3]. 5. [previous paragraph 4]. 6. [previous No. 5].
Article 45 Appointment for specialized instances
1. The judges placed on the specialized bodies referred to in paragraphs 2 and 3 are named, taking into account the conditions referred to in law from among judges with more than 10 years of service and rating of not less than Good with Distinction. 2. The preceding paragraph applies to the following specialized instances: 2. Judgment of Great Civil Instance; 3. Judgment of Grande instance Criminal; 86 4. Judgment of family and minors; 5. Judgment; 6. Judgment of execution; 7. Judgment of trade; 8. Maritime Judgment; 9. Criminal judgment; 10. Judgment of execution of Sentences. 3. When the creation of new instances of expertise, can be extended the scope of the preceding paragraph, the Superior Council of Magistracy ears and the Attorney General of the Republic, by decree-law. 4. In the absence of judges of law with the requirements of the preceding paragraph, the place is provided on an interim basis, applying the provisions of paragraph 4 of the preceding article. 5. In the event of provision made pursuant to paragraph 1, the place is put out to tender every two years, legal movements, although it may, during this period, be required by the interim appointment your magistrate, since that satisfies the legal requirements required.
Article 45-the Assimilation the appointment of judges in the Court trial allocation colectivo adheres to the provisions of paragraph 1 of the preceding article, getting these treated the judges mentioned therein, for compensatory effects.
Article 59 [...]
1. Ownership should be taken personally and in court, where the magistrate will serve. 2. […]. 3. […].
87 article 61 [...]
1. The judicial magistrates providing commitment to honor and take possession: a) [...]; b) […]; c) judges of law, before the President of the District Court. 2. […].
Article 71 [...]
3. The judges shall suspend their duties: a) on the day they are notified of the order or the order pronunciation that means day to trial for felony offense practiced in the performance of their duties; b) […]; c) […]; d) […]. 4. Outside the cases referred to in point (a)) of the preceding paragraph, the suspension for a felony offense under the designation of day for trial, is dependent on the decision of the Superior Council of Magistracy.
Article 138 [...]
1. […]. 2. […]. 3. The Secretary receives the salary corresponding to the judges referred to in article 45 88 Article 149 [...]
The Superior Council of Magistracy: a) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) Change the distribution of cases in courts with more than one section, in order to ensure Equalization and operability of services; i) […]; j) […]; l) […]; m) […]; n) Appoint the President judge of the county courts.
Article 158 [...]
1 – […]: 2 – […]. 3-the powers referred to in (c)) and (d)) in paragraph 1 are carried out by delegation of the Supreme Judicial Council, with regard to the District Court, by the President, without prejudice to the right to appeal. '
Article 162 addition to the Statute of judicial magistrates the following article shall be added to the Statute of judicial magistrates: 89 ' article 10-B in-service training 1. The judicial magistrates in Office have the right and duty to participate in continuous training, provided by the Centre for Judicial Studies, in collaboration with the Superior Council of Magistracy. 2. The judicial magistrates in Office must participate annually in at least two continuous training. 3. The frequency and use of judicial magistrates in continuous training are taken into account for the purposes of paragraph 1 of article 37» SECTION IV amendments to the staff regulations of prosecutors Article 163 regulations of prosecutors articles 58, 60, 61, 63, 73, 83 and 107 of the status of public prosecutors , approved by law No. 60/88, of 27 August, as amended by law No. 2/90, of 20 January, are replaced by the following:% quot% article 58 [...]
1. the District Public Prosecutor:) [...]; b) […]; c) […]; d) […]; e) […]; f) […]; g) carry out the distribution of service between public prosecutors of the same county or judicial district 90, without prejudice to the provisions of law of the process; h) […]; i) […]. 2. […]. 3. […].
Article 60 [...]
1. In the counties of judicial district headquarters there are Offices of the Republic. 2. In each district, there may be more than one Attorney of the Republic. 3. […]. 4. […].
Article 61 [...]
It is the responsibility of public prosecutors of the Republic, particularly direct, coordinate and supervise the activities of the Prosecutor's Office in the area of the respective District Court or in the courts and departments in that superintendam.
Article 63 [...]
1. […]. 2. […]. 3. […]. 4. In case of accumulation of service, vacancy of the place or preventing your holder for a period exceeding 15 days, the District Attorneys General may, with the prior communication to the Board of Governors of the Public Ministry, attributing to the public prosecutors the other service districts, courts or departments. 5. […]. 91 6. […].
Article 65 [...]
1. […]. 2. If the lack or impediment is not more than 15 days, the State Prosecutor may indicate to replace another Deputy Prosecutor of the same district. 3. […]. 4. […]. 5. […]. 6. […].
Article 73 [...]
1. It is the responsibility of the departments of investigation and prosecution in the counties judicial district:) [...]; b) Driving the investigation and criminal proceedings in respect of the crimes listed in paragraph 1 of rule 47, when the criminal activity occur in regions belonging to the same judicial district; c) […]. 2. […].
Article 83 [...]
1. […]. 2. Prosecutors may not serve in court or Department in the judicial district in which, over the past five years, have had a lawyer's Office. 92 Article 107 [...]
1. Prosecutors have especially right:) [...]; b) […]; c) […]; d) […]; e) […]; f) to free access, throughout the national territory, collective land transport, maritime and river, while on a mission of service as the judicial authorities within the framework of criminal investigation, if properly identified; g) [previous subparagraph (f))]; h) [previous subparagraph (g))]; I) [previous paragraph (h))]; j) [previous subparagraph (i))]. 2. […]. 3. […]. 4. […].»
Section V Other legislative changes Article 164 law No. 36/2003, 5 March
Article 40 of the Industrial Property Code, approved by Decree-Law No. 36/2003, 5 March, as amended by decree-laws Nos. 318/2007, of 26 September, and 360/2007, November 2, is replaced by the following: 93 ' article 40 competent court 1. For the resources provided for in the preceding article shall have jurisdiction the judgment of intellectual property. 2. If there is no judgment of intellectual property in the district or in the district in which the respective region integrates, the judgment of trade, being applicable the following paragraph. 3. If there is no judgment of trade in the region is the judgment of the borough seat of trade or, in the absence of, which exist in the respective County; There is no judgment of trade in the district, is in the judgment of the District Court of Lisbon. 4. [previous No. 2].»
Article 165 law No. 18/2003, of 11 June articles 50, 52, 54 and 55 of law No. 18/2003, of 11 June, which approves the legal framework on competition, as amended by decree-laws No. 219/2006, of 2 November, and 18/2008, of 29 January, are replaced by the following: ' article 50 [...]
1. The decisions made by the authority governing the imposition of fines or other penalties provided for in law appeal to the judgment of the respective trade district, with suspensive effect. 2. If there is no judgment of trade in the region is the judgment of the borough seat of trade or, in the absence of, which exist in the respective County; There is no judgment of trade in the district, is in the judgment of the District Court of Lisbon. 3. [previous No. 2]. 94 article 52 [...]
1. decisions of judgement of Commerce admission resource, in accordance with the General system of social ordering, merely unlawful are open to challenge before the Court of appeal, who decides ultimately. 2. The judgments delivered by the Court of appeal does not fit an ordinary appeal.
Article 54 [...]
1. The decisions of the authority given in administrative procedures referred to in this law, as well as of the ministerial decision provided for in article 34 of Decree-Law No. 10/2003, of 18 January, appeal to the senses, to be dispatched as special administrative action. 2. If there is no judgment of Trade in the region is the judgment of the borough seat of trade or, in the absence of, which exist in the respective County; There is no judgment of trade in the district, is in the judgment of the District Court of Lisbon. 3. [previous No. 2].
Article 55 [...]
1. The decisions handed down by the lower court in administrative trade covered by this section it is up to the courts to the Court of appeal and of this, limited to matters of law, to the Supreme Court of Justice. 2. […].» 95 article 166 law No. 2/90, of 20 January references on a map I annexed to Act No. 2/90, of 20 January, which is an integral part, a circuit judge or treated as such shall be understood as saying about the judge placed in specialized instances or equated.
Article 167 1 nomenclature updates. The reference to the category of circuit judge, any constant degree, understood as saying about the judge in exclusive allocation to the Court trial. 2. Every reference to court or District Court, in legal or regulatory provisions, shall be understood as saying respect to wit, whenever such work required in virtue of this law.
CHAPTER XI transitional and final provisions Transitional Provisions section I, SUBSECTION (I) experimental Scheme Article 168 1 trial period. This law is applicable on an experimental basis, until August 31, 2010 at comarcas Alentejo Litoral, low-Vouga and Lisbon Northwest, in terms of shaping the map II annexed to this law, which is an integral part, that work on a pilot district. 96 2. The installation and the functioning of the pilot regions referred to in the preceding paragraph are defined by Ordinance to publish within 60 days after the publication of this law. 3. In the annex to the decree-law referred to in the preceding paragraph, is published a map that contains the ID of the seats of the respective District Court of pilot counties, as well as the definition of the judgments which of these listed.
Article 169 assessment report 1. Six months before the expiry of the trial period, the Ministry of Justice is prepared an evaluation report on the impact of the application of this law to the pilot counties. 2. During the preparation of the assessment report are heard the Superior Council of Magistracy, the High Council of the Public Ministry, the Bar Association, the Chamber of bailiffs and the Council of officers of Justice.
Article 170 distribution of processes the fate of lawsuits pending in courts or courts that lost territorial jurisdiction in the face of the installation of the pilot counties is fixed in the decree-law referred to in paragraph 1 of article 168 SUBSECTION II Other transitional provisions article 171 territorial jurisdiction of the courts in relation to territorial jurisdiction of the courts of appeal, as defined in Decree-Law No. 186-A/99 , May 31, shall remain in force until 31 August 2010.
97 article 172 courts of specialized jurisdiction of specialised courts existing at the time of entry into force of this law nationwide take on the designation of judgments.
Article 173 Presidency of the higher courts the provisions of paragraph 1 of article 51 applies only to terms of office beginning on the date of entry into force of this law.
Article 174 appointment of the President of the district court pending the adoption of the Ordinance referred to in paragraph 2 of article 91, the President of the District Court is appointed from among judges of law having 10 years of effective service in the courts or judges judges, with rank of not less than Good with distinction, being given preference to those magistrates who have training in the area of management.
Article 175 appointment of the administrator of the district court pending the adoption of the Ordinance referred to in paragraph 3 of article 95, the appointment of the administrator of the Court does not depend on the requirement referred to in article 94, being given preference to applicants who have training in the area of management.
Article 176 Remuneration of judges
1. The application of this law cannot occur decreased level current remuneration of any magistrate, until it is transferred from the courts or court in which to function. 98 2. The preceding paragraph shall apply to the judges of law provided temporarily in places of judges of the judicial circle and in instances of specialization.
Article 177 installation of courts while the State does not have adequate buildings, the installation of judicial courts in buildings or parts of buildings owned by municipal authorities in charge.
SECTION III final provisions article 178 Dismissed the judge in exclusive allocation 1. Without prejudice to the provisions of the following article, the judges circle or assimilated that gather the requirements legally required have absolute preference in the first provision of judge in exclusive allocation to the Court trial. 2. The provisions of the preceding paragraph shall apply to the first provision of places in the counties based on the extinct judicial circles.
Article 179 contraventional responsibility Jurisdiction the provisions of this law shall be without prejudice to the competence assigned to the courts previously contraventional responsibility.
Article 180 additional standards 1. This law is regulated by decree-law to publish within 60 days after your publication 99. 2. references to the adoption of Decree-law in articles 20, 22, 23, 29, 30, 74, 78, paragraph 4 of article 82, paragraphs 3 and 6 of article 83, paragraph 3 of article 90, paragraph 3 of article 94, articles 109, 135 and 147 shall be deemed to be made to the Ordinance referred to in the preceding paragraph. 3. The Ordinances referred to in article 16, 47, in paragraph 3 of article 79, paragraph 4 of article 83, paragraph 2 of article 91, paragraph 3 Article 95, paragraph 1 of article 151 article 153 and 156 are published within 60 days after the publication of this law. 4. Until August 31 2010, is approved, by decree-law, the map of territorial division containing the composition by judgments of county courts throughout the national territory, as map III attached to this law, which will form an integral part.
Article 181a deliberations of the Supreme Judicial Council in the context of your jurisdiction, the Superior Council of the Magistracy shall take the decisions necessary for the implementation of the present law and its complementary norms.
Article 182 article Standard set Are repealed: (a)) (a)) and c) of paragraph 1 and paragraph 2 of article 65 and article 69 of the code of Civil procedure, approved by Decree-Law No. 44,129 of 28 December 1961; b) (c)) of article 7 of the Statute of judicial magistrates, approved by law No. 21/85 of 30 July; c) Law No. 3/99, of 13 January; d) Decree-Law No. 186-A/99, of 31 May; e) Decree-Law No. 176/2000, of 9 August.
Article 183 100 entry into force 1. This law shall enter into force on the first working day of the year following that of your publication, being applicable only for pilot regions referred to in paragraph 1 of article 168 2. The application of this law to the pilot counties referred to in paragraph 1 of Article 168A thereof is subject to a trial period ending the 31 of August 2010. 3. with effect from 1 September 2010, taking into account the assessment referred to in article 169, this law applies to the entire national territory. 4. The maps annexed to the present law only take effect from 1 September 2010, except as regards the map II annexed to this law, which is an integral part, which shall enter into force for the pilot districts on the first working day of the year following that of your publication.
Seen and approved by the Council of Ministers of 12 March 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 101 annex I MAP I Northern District Court judicial districts: port. Constituencies: Alto Tâmega, Alto-Trás-os-Montes, Ave, Tâmega-Low Low, North-South, Tâmega River Cávado, Entre Douro e Vouga, Grande Porto-Porto, North-South, Middle Douro, Minho-Lima, Porto and Trás-os-Montes. Judicial district of Central Headquarters: Chen. Divisions: lower Mondego-inner, lower Mondego-coast, Baixo Vouga subregion, Beira Interior Norte, Beira Interior Sul, Cova da Beira, Dão-Lafões, Serra da Estrela, and Pinhal Litoral subregion. Judicial district of Lisboa e Vale do Tejo Headquarters: Lisbon. Constituencies: Azores-Angra do Heroísmo, Azores-Ponta Delgada, Lisbon, Lisbon, Lisbon, Lisbon, Lezíria do Tejo, Madeira, Médio Tejo, Setúbal peninsula and West. Judicial district of Alentejo: Évora.
Constituencies: Alentejo Central, Alentejo Litoral Alto Alentejo, Baixo Alentejo. Judicial district of Algarve: Faro. Divisions: western Algarve and Eastern Algarve.
102 ANNEX II MAP II Regions Azores-Angra do Heroísmo judicial district: Lisboa e Vale do Tejo. Circumscription: Municipalities: Calheta (São Jorge), Angra do Heroísmo, Crow, Horta, Lages, Lages, Magdalena peak, Santa Cruz das Flores, Santa Cruz da Graciosa, São Roque do Pico, Candles and Vila da Praia da Vitória.
Azores-Ponta Delgada judicial district: Lisboa e Vale do Tejo. Division: counties: Lake, Northeast, Ponta Delgada, Ribeira Grande Village, Vila do Porto and Vila Franca do Campo.
Alentejo Central judicial district: Alentejo.
Circumscription: Municipalities: Alandroal, Arraiolos, Estremoz, Borba Évora, Montemor-o-Novo, Mourão, Portel, Redondo, Reguengos de Monsaraz, Sousel, Vendas Novas, Viana do Alentejo and Vila Viçosa.
Alentejo Litoral judicial district: Alentejo. Circumscription: Cities: alcacer do Sal, Grândola, Santiago do Cacém and Odemira, Sines. Alto Alentejo judicial district: Alentejo. Circumscription: 103 Municipalities: Alter do Chão, Arronches, Campo Maior, Aviz, Castelo de Vide, Crato, Elvas, Fronteira, Hawk, Mora, Marvão, Nisa, Monforte, Ponte de Sor and Portalegre.
Alto Tâmega judicial district: North. Circumscription: Municipalities: Boticas, Chaves, Montalegre, Ribeira de Pena, Valpaços and Vila Pouca de Aguiar.
Alto Trás-os-Montes judicial district: North. Circumscription: Bragança, Vimioso, Vinhais, Mirando do Douro, Macedo de Cavaleiros, Mogadouro.
Bird in judicial district: North. Circumscription: Municipalities: Cabeceiras de Basto, Fafe, Guimarães, Mondim de Basto, Póvoa de Lanhoso, Vieira do Minho, Vila Nova de Famalicão and Vizela.
Judicial District: Alentejo baixo Alentejo. Circumscription: Municipalities: Aljustrel, Almodôvar, Alvito, Bounds, Beja, Castro Verde, Cuba, Ferreira do Alentejo, Mértola, Moura, Serpa and Ourique, Vidigueira.
Lower Mondego-Coast: judicial district: Centro. Circumscription: Municipalities: Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Mealhada, Mira, Montemor-o-Velho, Penacova and Soure Mortágua.
104 lower Mondego-Interior: judicial district: Centro. Circumscription: Municipalities: Ansião, Arganil, Castanheira de Pêra, Figueiró dos Vinhos, Góis, Lousã, Miranda do Corvo, Pampilhosa da Serra, Oliveira do Hospital, Pedrógão Grande, Penela, Board and Vila Nova de Poiares.
Tâmega-North down judicial district: North. Circumscription: Municipalities: Amarante, Baião, Cinfães, Celorico de Basto, Felgueiras, Marco de Canaveses and Resende.
Low Tâmega-South judicial district: North. Circunscriçãol: Municipalities: Castelo de Paiva, Lousada, Paços de Ferreira, Paredes and Penafiel. Baixo Vouga subregion judicial district: Centro. Circumscription: Municipalities: Águeda, Albergaria-a-Velha, Anadia, Aveiro, Estarreja, Ílhavo, Murtosa, Oliveira do Bairro, Ovar, Sever do Vouga and Vague.
Western Algarve judicial district: Algarve. Circumscription: Municipalities: Albufeira, Aljezur, Lagoa, Lagos, Portimão, Silves and Monchique, Vila do Bispo.
Beira Interior Norte judicial district: Centro. Division: counties: Adams, Celorico da Beira, Figueira de Castelo Rodrigo, Guarda, Manteigas, Meda, Pinhel, Sabugal and Trancoso. 105 Beira Interior Sul judicial district: Centro. Circumscription: Municipalities: Castelo Branco, Idanha-a-Nova, Oleiros, Penamacor, Proença-a-Nova, Sertã, Vila de Rei and Vila Velha de Ródão.
Cávado judicial district: North. Circumscription: Municipalities: Amares, Barcelos, Braga, Esposende, Terras de Bouro and Village Green.
Cova da Beira judicial district: North. Circumscription: Municipalities: Belmonte, Covilhã, Fundão.
Dão-Lafões judicial district: Centro. Circumscription: Municipalities: Aguiar da Beira, Carregal do Sal, Castro Daire, Mangualde, Nelas, Oliveira de Frades, Penalva do Castelo, Santa Comba Dão, São Pedro do Sul, Sátão, Tondela, Vila Nova de Paiva, Viseu and Vouzela.
Serra da Estrela judicial district: Centro. Circumscription: Municipalities: Fornos de Algodres, Gouveia, Seia.
Entre Douro e Vouga judicial district: North.
Circumscription: 106 Municipalities: Arouca, Santa Maria da Feira, Oliveira de Azeméis, São João da Madeira and Vale de Cambra.
Lisbon-West judicial district: Lisboa e Vale do Tejo: Municipalities: Loures, Odivelas and Vila Franca de Xira.
Lisbon-This judicial district: Lisboa e Vale do Tejo: Municipalities: Cascais and Oeiras.
Lisbon-Northwest judicial district: Lisboa e Vale do Tejo: Municipalities: Amadora, Sintra and Mafra.
Grande Porto-North judicial district: North.
Circumscription: Municipalities: Maia, Matosinhos, Póvoa de Varzim and Vila do Conde, Santo Tirso, Trofa.
Grande Porto-South judicial district: North. Circumscription: Municipalities: Espinho, Gondomar, Valongo and Vila Nova de Gaia.
Lezíria do Tejo judicial district: Lisboa e Vale do Tejo territorial area: Municipalities: Almeirim, Alpiarça, Azambuja, Benavente, Cartaxo, Chamusca, Coruche, Golegã, Rio Maior, Salvaterra de Magos and Santarém. 107 Lisbon judicial district: Lisboa e Vale do Tejo. Constituency: City: Lisbon.
Wood judicial district: Lisboa e Vale do Tejo.
Circumscription: Municipalities: Calheta, Câmara de Lobos, Machico, Funchal, Ponta do Sol, Porto Moniz, Porto Santo, Ribeira Brava, Santana, Santa Cruz and San Vicente.
Medium Douro judicial district: North. Circumscription: Municipalities: Alijó, Armamar, Lamego, Lamego, Moimenta da Beira, Murça, Penedono, Peso da Régua, Sabrosa, Santa Marta de Penaguião, São João da Pesqueira, Sernancelhe, Tabuaço, Tarouca and Vila Real.
Médio Tejo judicial district: Lisboa e Vale do Tejo. Circumscription: Municipalities: Abrantes, Alcanena, Alvaiázere, Constância, Entroncamento, Ferreira do Zêzere, Mação, Ourém, Sardoal, Tomar, Torres Novas, Vila Nova da Barquinha.
Minho-Lima judicial district: North. Circumscription: Municipalities: Arcos de Valdevez, Caminha, Melgaço, Monção, Paredes de Coura, Ponte da Barca, Ponte de Lima, Valença, Viana do Castelo and Vila Nova de Cerveira.
West judicial district: Lisboa e Vale do Tejo. 108: Municipalities: Alcobaça, Alenquer, Arruda dos Vinhos, Bombarral, Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche, Sobral de Monte Agraço and Torres Vedras.
The Setúbal peninsula judicial district: Lisboa e Vale do Tejo: Municipalities: Alcochete, Almada, Barreiro, Moita, Montijo, Palmela, Seixal, Sesimbra and Setúbal.
Pinhal Litoral subregion: Central District Court. Circumscription: Municipalities: Batalha, Leiria, Marinha Grande, Pombal and Porto de Mós.
Porto judicial district: North. Circumscription: Municipality: Port.
Eastern Algarve judicial district: Algarve. Circumscription: Municipalities: Alcoutim, Castro Marim, Faro, Loulé, Olhão, São Brás de Alportel, Tavira and Vila Real de Santo António.
Trás-os-Montes judicial district: North. Circumscription: Municipalities: customs of the faith, Carrazeda de Ansiães, Freixo de Espada à Cinta, Mirandela, Torre de Moncorvo, Vila Flor, Vila Nova de Foz Côa.
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