Key Benefits:
PROPOSED LAW NO. 187 /X
Exhibition of Motives
The Programme of the XVII Constitutional Government assumes that " the rational management of the system
judicial requires the adjustment of the judicial map to the procedural motion and the adoption
of a management model based on the valorisation of the President and the administrator of the
court ".
This structuring reform of the judicial organization has as its main objectives
increase the efficiency of the judicial organization with the implementation of a new
model of system management, and appropriate the courts ' responses to the new reality of the
judicial search, on the basis of a territorial matrix that ensures the principles of
proximity and the effectiveness and speed of the response to citizens and businesses.
After a period of consultation and discussion the following guidelines were defined:
a) Improve access to justice for all citizens and businesses;
b) To restructure the judicial organization in accordance with the new territorial matrix;
c) Increase the efficiency, effectiveness and transparency of the administration system of the
justice;
d) Modernize and strengthen the capacity of administration and management of the system
judicial;
e) To strengthen the independence of the judiciary and the intervention of the Council
Top of Magistrate materialized, namely, in the appointment of the Judge
President;
f) Qualify the judicial response and improve the responsiveness through the
creation of a network of diversified Justice services with human resources
qualified, with greater capacity for intervention to the full extent of the
new comarks;
g) Betting on the enhancement of justice specialized in the treatment of specific subjects,
as they are, family and minors, trade work, differentiated levels of
criminality.
The new judicial organisation, which the Government proposes, is based on three axes
fundamental: a new territorial matrix; a new model of competences; and, a
new management model, without putting into question the proximity of justice face to the
citizens, ensuring the presence of courts and judgements where these already exist and creating
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new where to be justified.
The new territorial matrix of the judicial constituencies aggregates the current comarks, in
territorial constituencies of wider geographical scope, having on the basis of the model
of territorial organization of the Territorial Units of Territorial Units For Purposes
Statistical III (NUTS III), adjusting it in function of the specificities of litigiousness,
of procedural volume, population and proximity to citizens and businesses.
There are five judicial districts existing, delimited from NUTS II, and 39
basic constituencies as a result of the aggregation of the current 231 comarks.
The Court of Comarch is, in this new matrix, constituted by the organizational aggregation
and functional of the current courts, on the basis of a new model of competences, based:
a) In the existence, in each Comarch, of a Judicial Court of 1ª instance;
b) On the unfolding of the Comarch's Court in generic competence judgements
or specialized, solution widely recognized as an inductor factor of the
quality of Justice, in all its vectors, seeking to implement it or
widen the presence of the specialization in all Comarcas;
c) In the unfolding, depending on the volume or complexity of the service, of the
civil and criminal judgements at three levels of specialization-small, medium and
great instance;
d) In the creation of a wide variety of Specialized Competence Juicists,
eliminating itself, for further simplification and intelligibility, the distinction
formal between courts of specific and specialized competence (Juízos de
Criminal instruction, Family and Minors, Work, Trade, Property
Intellectual, Maritime, Execution of Penas, Execution, Cable Instance Juizos
and Juízos of Criminal Instance).
The new territorial matrix allows for a new model of jurisdiction of the courts,
allowing access to a more specialized Justice to all Portuguese, to which up to
now as a rule they could only access the citizens and companies of the major centres
urban.
Targeting still a more flexible judicial response, it is allowed for judgements to
specialized competence can be assigned competence in more than one
Comarch.
The Comarch, resourced in function of the new territorial model, will have a new
management model based on three organs:
a) The President of the Court, with functions of representation, steering, management
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procedural, administrative and functional, is chosen and appointed by the Council
Top of Magistrature;
b) The Administrator of the Court, with management functions today concentrated on the
Directorate General of the Administration of Justice and the Institute of Financial Management
and of Infrastructure of Justice, is chosen by the President of the Court himself;
c) The Council of Comarch, with roles of participation and consultation and support to the
President and the Administrator, brings together the President of the Court, the Magistrate of the
Ministry Public Coordinator, representatives of the lawyers, of the
solicitors and authorities as well as users of the services of justice.
With regard to the new management model, so as to raise the performance
operational of the organisation and to strengthen the quality of the services provided by the
courts are provided for by the President of the Court and the Administrator
specific training programmes in the area of judicial management.
For the implementation of this new judicial organization, it is proposed to enter into
vigour from the next judicial year, and the experimental title in three Comarcas-pilot.
Fining the experimental period, on August 31, 2010, taking into account the evaluation to
carry out, the reform will apply to the whole of the national territory.
They have been selected, for this trial period, three Comarcas representative of the
diversity of the Portugal judiciary, which translate sociological, economic realities
and multiform demographic and that present differential procedural motion.
Meeting those objectives, the Comarcas of:
a) Low Vouga (encompassing the municipalities of Águeda, Albergaria-a-Velha,
Anadia, Aveiro, Estarreja, Ilhavo, Murtosa, Oliveira do Neighborhood, Ovar, Sever of the
Vouga and Vagos);
b) Great Lisbon Northwest (encompassing the municipalities of Amadora, Mafra and
Sintra);
c) Alentejo Litoral (encompassing the municipalities of Alcácer do Sal, Grândola,
Odemira, Santiago do Cacém and Sines).
In short, this proposal introduces a new concept of Comarch, which allows for the
broadening of specialist justice to the whole country and to greater flexibility of the rules
of territorial competence within the framework of the Comarch, allowing itself to be in rule to the parties to
choice of competent judgment in the areas of civil, labour and commercial law.
This new model also provides for joint management of all services and facilities
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of the same Comarch, promotes the involvement of the professionals of justice and of the
community in the management of the court and contributes to the homogenization of the response
judicial in the whole country.
At the same time, it ensures the maintenance of the proximity of justice to the citizens and
companies, of respect for the constitutional principles of the natural judge, of the
liability of the jurisdictional functions by the judicial magistrates and the evaluation
of these by the Superior Council of Magistrates.
The Government, in the preparation of this proposal, has commissioned scientific studies to institutions
connected to the University of Coimbra, carried out in 2006 and 2007, and created a group
of work, for this purpose, participated by representatives of the Superior Council of
Magistrate, of the Attorney General of the Republic, of the Order of Lawyers and of the
Board of Officers of Justice, under coordination of the Directorate General of the Administration
of Justice.
The trade union of the Portuguese Judges, the Union of the Union, were heard
Magistrates of the Public Prosecutor's Office, the Association of Justice Officers, and the Union
of the Officers of Justice and the National Association of Portuguese Municipalities.
The hearing of the Superior Council of Magistrates, of the Higher Council, was promoted
of the Public Prosecutor's Office, the Higher Council of Administrative and Fiscal Tribunals,
of the Order of Lawyers, of the House of Solicitors, of the Council of Officers of
Justice and the Union of Justice Employees.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
Article 1.
Subject
This Law establishes the regime applicable to the organization and operation of the
court courts.
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Article 2.
Definition
Judicial courts are organs of sovereignty with competence to administer the
justice on behalf of the people.
Article 3.
Judicial function
It is incumbent on judicial courts to ensure the defence of rights and interests legally
protected, clamp down on the violation of democratic legality and drive the conflicts of
public and private interests.
Article 4.
Independence of the courts
The judicial courts are independent and only subject to the law.
Article 5.
Independence of judges
1. Judges judge only according to the Constitution and the law.
2. The independence of judges is ensured by the existence of a privative body of
management and discipline of judicial magistrate, inamovibility and non-subjection
to any orders or instructions, save the duty to accrate the decisions rendered
in the way of recourse by higher courts.
3. Judges cannot be held responsible for their decisions, save the exceptions
consignments in the law.
Article 6.
Autonomy of the Public Ministry
1. The Public Prosecutor's Office shall be the body in charge of, in the courts of law, representing the
State, engage in criminal action and uphold democratic legality and interests that
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the law to determine.
2. The Public Prosecutor's Office enjoys autonomy, under the law.
3. The autonomy of the Public Prosecutor's Office is characterized by its binding to criteria of
legality and objectivity and by the exclusive subjection of the magistrates and agents of the
Prosecutor's Office for the directives, orders and instructions provided for in the law.
Article 7.
Lawyers
1. Lawyers participate in the administration of justice, by competing in a manner
exclusive and with the exceptions provided for in the law, exercise the sponsorship of the parties.
2. In the exercise of their activity, lawyers shall enjoy technical discretion and
are found to be bound only with criteria of legality and the deontological rules
own from the profession.
Article 8.
Jurisdictional guardian
1. Everyone is assured access to the judicial courts for the defence of their rights and
legally protected interests, and may not the justice be denigrated by
insufficiency of economic means.
2. The law regulates access to judicial courts in the event of insufficient means
economic.
Article 9.
Decisions of the courts
1. Decisions of the judicial courts are mandatory for all public entities and
toilets and prevail over those of any other authorities.
2. The law regulates the terms of the enforcement of judgments of the courts in respect of
to any authority and determines the penalties to be applied to those responsible for their
inexecution.
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Article 10.
Publicity of the hearing
The hearings of the court courts are public, unless the court itself, in
reasoned order, decide otherwise, to safeguard the dignity of the people
and of public morals or to ensure their normal functioning.
Article 11.
Judicial year
1. The judicial year corresponds to the calendar year.
2. The opening of the judicial year is pointed out by the holding of a solemn session, in which
use of the word, in full law, the President of the Republic, the President of
Assembly of the Republic, the President of the Supreme Court of Justice, the First-
Minister or the member of the Government responsible for the area of justice, the Prosecutor-General's Office
General of the Republic and the Bastonary of the Order of Lawyers.
Article 12.
Judicial vacations
The judicial vacations arise from December 22 to January 3, from Palm Sunday to the
monday Easter Monday and from 1 a to August 31.
Article 13.
Coadjuvation
1. In the performance of their duties, the judicial courts shall be entitled to the coadjuvation of the
authorities.
2. The provisions of the preceding paragraph shall cover, where necessary, the guard of the
facilities and the maintenance of the order by the security forces.
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Article 14.
Aides and support offices
1. The Supreme Court of Justice and the courts of the Relation dispose of advisors who
supporting the judicial magistrates and the magistrates of the Public Prosecutor's Office, in the
terms defined in the law.
2. In the courts of comarch there are Magistrate Support Offices, in the terms
of the provisions of Article 83.
CHAPTER II
Organization and competence of judicial tribunals
SECTION I
Common provisions
Article 15.
Health
The hearings and sessions of the judicial tribunals arise at the seat of the respective court
or judgment, except when:
a) The good administration of justice or other ponderous circumstances the
justifying, in which case the hearings and sessions of the courts take place in
different location in the respective circumscription or outside of this;
b) Be required by all parties, on the grounds of the greater close proximity
to the place of residence or professional domicile of these, in which case the
audiences and sessions of the courts perform in another judgement that integrates in the
area of territorial competence of the comarch where the process stems from, save
reasoned rejection, by the judge in the case, pursuant to the preceding paragraph.
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Article 16.
Classification of the courts of first instance
The classification of courts or judgements as of first access or final access, having
in consideration of the nature, complexity and volume of service, it is approved by portaria
of the member of the Government responsible for the area of justice, ears the Higher Council
of the Magistrature, the Attorney General of the Republic and the Order of Lawyers.
SECTION II
Judicial organization
Article 17.
Categories of courts
1. There are court tribunals of first and second instances and the Supreme Court
of Justice.
2. The judicial courts of second instance are, as a rule, the courts of the Relation and,
in that case, they shall be designated by the name of the municipality in which they are installed.
3. The courts of first instance are, as a rule, the courts of comarch and,
in that case, they shall be designated by the name of the constituency in which they are installed.
Article 18.
Judicial division
For the purposes of legal division, the national territory divides into judicial districts and
rallies, in the terms of maps I and II annexed to this Law, of which they are part
member.
Article 19.
Judicial districts
For the purpose of organizing the courts of the Relation, the Comarcas find themselves
grouped into five judicial districts, as per map I annexed to this Law, of which
is an integral part.
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Article 20.
Unfolding of the courts of Relation
1. It may proceed, by decree-law, to the creation of more than a court of the Relation
in each judicial district, after hearing from the Superior Council of the Magistrature, of the
Attorney General of the Republic and of the Order of Lawyers.
2. In the case of the previous number, the service is distributed among the various courts second
the territorial area allocated to each other, without prejudice to the practice of acts and the realization
of representations throughout the district.
Article 21.
Comarcas
1. For the purposes of organizing the courts of comarch, the national territory finds-
if divided into 39 constituencies, designated by comarcas, as per map II
annex to this Law, of which it is an integral part.
2. In each of the constituencies there is a comarch court.
Article 22.
Unfolding of the courts of comarch
The comarch courts have unfolded in judgements, which may be of competence
generic or specialized, by decree-law.
SECTION III
Competence
Article 23.
Extent and limits of competence
1. In the internal legal order, the jurisdiction is retained by the judicial tribunals second
the matter, the value, the hierarchy and the territory.
2. The fixed process law the factors of which depends on the international competence of the
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court courts.
3. The law of procedure indicates the factors that determine, in each case, the court or
competent judgement.
Article 24.
Fixation of competence
1. Fixed competence-if at the time the action is proposed, being irrelevant the
de facto modifications that occur at a later time.
2. Are also irrelevant to the modifications of law, except if it is deleted the
organ to which the cause was affects or is assigned competence from which
initially laced to the knowledge of the cause.
Article 25.
Prohibition of disaffection
No cause may be shifted from the court or competent judgment to another, to no
be in the cases specially provided for in the law.
Article 26.
Competence on the grounds of matter
1. Judicial courts have jurisdiction for causes that are not attributed to
another jurisdictional order.
2. This Law determines the competence in the grounds of the matter between the judgments of the
comarch courts, establishing the causes that compete with the judgements of
specialized competence.
Article 27.
Competence on the grounds of the hierarchy
1. Judicial courts are found to be hierarchized for the purpose of appeal of their
decisions.
2. In rule, the Supreme Court of Justice knows, in appeal, of the causes whose value
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exceed the remit of the courts of Relation and these of the causes whose value exceeds the
winged from the judicial courts of first instance.
3. In criminal matters, competence is defined in the respective law of procedure
Article 28.
Territorial competence of the higher courts
1. The Supreme Court of Justice shall have jurisdiction throughout the territory.
2. The courts of the Relation have, as a rule, jurisdiction in the respective judicial district.
3. Havendo in the judicial district more than a court of the Relation is applicable the
provisions of Article 20 (2)
Article 29.
Territorial competence of the court of comarch
1. The comarch judicial courts possess, as a rule, competence in the area of
respective comarks, pursuant to map II annexed to this Law, of which it is a part
member.
2. Generic or expert jurisdiction judgments resulting from the unfolding of the
court of comarch possessing the area of territorial competence to be defined by decree-
law, within the limits of the respective comarch, having each judgement a scope of
material and territorial competence of its own.
Article 30.
Special rules of territorial competence
1. It can be attributed, by decree-law, to the courts of Relation and comarch, even
when unfolded, a separate territorial competence of the district or comarch,
where it is warranted with a view to further rationalization in distribution
judicial.
2. Havendo more than a generic competence judgment or several judgments of
specialist competence on the same matter in the scope of the comarch court,
save in criminal, counter-ordinance and relative to educational processes and
tutelars of minors, the parties may, respected the legal criteria concerning the
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competence in the function of matter and value, choose one of the various judgements
existing in the comarch.
3. The removal of the rules of territorial jurisdiction referred to in the preceding paragraph requires
the agreement of the parties and shall comply with one of the following requirements:
a) Preference for the domicile of the respondent at the expense of the legal criterion of assignment
of competence; or
b) Preference for the specialized section of another judgement, in the respective subject matter,
when there is no equivalent specialist offer in the judgment that is
territorially competent in accordance with the general rules.
4. The provisions of paragraph 2 shall not apply:
a) In proceedings where the decision is not preceded by a hearing of the defendant or
required;
b) In the proceedings for the execution of judicial title;
c) In the processes that should run as dependence on other processes.
5. Not being raised the territorial incompetence in the contestation or the first
procedural moment in which the defendant can pronounce on the matter, presumed
where there was agreement from the parties, pursuant to the provisions of paragraph 2.
6. In the situation of the defendant opposing the application of the provisions of paragraph 2, the case is remitted
to the territorially competent court.
Article 31.
Sidewalks
1. In civil matters, the remit of the courts of the Relation shall be € 30,000 and that of the courts of
first instance is € 5,000.
2. In criminal matters there is no alleway, without prejudice to the procedural provisions
relating to the admissibility of appeal.
3. The admissibility of resources by the effect of the alters shall be governed by the law in force to the
time in which action has been instituted
CHAPTER III
Supreme Court of Justice
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SECTION I
General provisions
Article 32.
Definition and headquarters
1. The Supreme Court of Justice is the superior body of the hierarchy of courts
judicial, without prejudice to the own competence of the Constitutional Court.
2. The Supreme Court of Justice is based in Lisbon.
Article 33.
Powers of cognition
Outside of the cases provided for in the law, the Supreme Court of Justice only knows of
matter of law.
SECTION II
Organization and operation
Article 34.
Organization
1. The Supreme Court of Justice comprises sections in civil matters, in respect of
penal, in social and in family matters and minors.
2. In the Supreme Court of Justice there is still a section for judgment of appeals
of the deliberations of the Superior Council of Magistrate.
3. The section referred to in the preceding paragraph shall consist of the oldest of its deputy
presidents, who have a vote of quality, and by a judge of each section, annual and
successively designated, taking into account the respective seniority.
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Article 35.
Health
1. The Supreme Court of Justice functions, under the direction of a President, in
plenary of the Court, in full of the specialized sections and by sections.
2. The plenary of the Court shall consist of all the judges comprising the sections and only
may work with the presence of at least three quarters of the acting judges.
3. At the full of the specialized sections or the respective joint sections shall apply,
with the necessary adaptations, the provisions of the preceding paragraph.
4. The judges take seat alternately on the right and the left of the President,
second the order of seniority.
Article 36.
Filling of the sections
1. The Superior Council of Fixed Magistrate, whenever it judges it convenient, under
proposal of the President of the Supreme Court of Justice, the number of judges who
make up each section.
2. It is up to the President of the Supreme Court of Justice to distribute the judges by the sections,
taking successively into account your degree of specialization, the convenience of
service and the manifold preference.
3. The President of the Supreme Court of Justice may authorize the change of section or
the exchange between judges of different sections, with observance of the provisions of the number
previous.
4. When the rapporteur changes section, he / she remains both his / her competence and that of his
adjoining that they have had a visa for trial.
Article 37.
Military judges
In the Supreme Court of Justice there is a military judge by each branch of the Armed Forces and
one from GNR.
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Article 38.
Sessions
The sessions take place second agenda, owing the date and time of the audiences to appear in
table affixed, in advance, in the atrium of the court, and may the same be still
released by electronic means.
Article 39.
Conference
At the conference participate the judges who in this should intervene.
Article 40.
Shifts
1. In the Supreme Court of Justice, shifts to the urgent service during
the court vacations or when the service justifies it.
2. The shifts are organized, respectively, by the President of the Supreme Court of
Justice and by the Attorney General of the Republic, with prior hearing of the magistrates and,
as often as possible, in advance of 60 days.
SECTION III
Competence
Article 41.
Competence of the plenary
It is incumbent on the Supreme Court of Justice, functioning in plenary:
a) Judging the resources of decisions rendered by the full of the criminal sections;
b) Exercising the remaining powers conferred by law.
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Article 42.
Specialisation of sections
The cable sections judge the causes that are not assigned to other sections, the
criminal sections judge the causes of a criminal nature, the sections relating to family and
minor the causes referred to in articles 113 to 115 and the social sections judge the
causes referred to in Article 117.
Article 43.
Competences of the full sections
It is incumbent upon the full sections, according to their specialisation:
a) Judging the President of the Republic, the President of the Assembly of the Republic and the
Prime Minister for the crimes practiced in the performance of his duties;
b) Judging the resources of decisions rendered in the first instance by the sections;
c) Standardize case law, under the terms of the law of procedure.
Article 44.
Competence of sections
It is incumbent on the sections, according to their specialisation:
a) Judging resources that are not within the competence of the full sections
specialized;
b) Judging prosecutions for crimes committed by judges of the Supreme Court of
Justice and the courts of the Relation and magistrates of the Public Prosecutor's Office that
carry out duties with these courts, or equiped, and resources in matter
counter-ordinance to them relating;
c) Judging the proposed actions against judges of the Supreme Court of Justice and the
courts of the Relation and magistrates of the Public Prosecutor's Office to carry out duties
together with these courts, or equated, because of their functions;
d) Know of applications for habeas corpus, by virtue of illegal arrest;
e) Know of the requests for review of criminal sentences, enact the cancellation of
irreconcilable penalties and suspend the execution of the penalties when enacted to
review;
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f) Decide on the application for the assignment of competence to another court of the same
species and hierarchy, in the cases of obstruction to the exercise of jurisdiction by the
competent court;
g) Judging, through the rapporteur, the terms of the resources to this committed by the
process law;
h) Practise, pursuant to the law of procedure, the jurisdictional acts concerning the
inquiry, direct the criminal instruction, preside over the instructional debate and profer
dispatch of pronunciation or non-pronunciation in the processes referred to in paragraph a) from the
previous article and in the b) of this article;
i) Exercising the remaining powers conferred by law.
Article 45.
Judgment in the sections
1. Out of the cases provided for in the law of procedure and in the paragraphs g) and h) of the previous article, the
trial in the sections is carried out by three judges, by having a judge the duties of
rapporteur and the other judges the duties of adjoining.
2. The intervention of the judges of each section in the trial is done, pursuant to the law of
process, according to the order of precedence.
3. When in a section it is not possible to obtain the number of judges required for the
examination of the process and decision of the cause, are called to intervene the judges of another
section of the same specialty, starting from the immediate vicinity to the judge who has
bet the last seen.
4. It is not possible to call in to intervene judges of the same specialty, are called
those in the social section if the lack occurs in the civil section or in the criminal section, and those of the
cable section if the lack occurs in the social section.
SECTION IV
Judges of the Supreme Court of Justice
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Article 46.
Table of judges
1. The framework of judges of the Supreme Court of Justice shall be fixed by decree-law.
2. In the cases provided for in Article 11 (2), in Article 54 (3) and 1 (1)
137. of Law No. 21/85 of July 30, the table referred to in the preceding paragraph is
automatically increased in corresponding number of places, to be extinguished
when they resume the effective service the judges who find themselves in those mentioned
situations.
3. The appointed judges for the increased posts referred to in the preceding paragraph
keep themselves as judges beyond the framework until they occupy the vacancies that compete them.
Article 47.
Judges beyond the frame
1. When the service justifies it, in particular by the number or the complexity
of the proceedings, the Superior Council of the Magistrature may propose the creation, in the
Supreme Court of Justice, from places beyond the picture.
2. The places to which the previous number are referred to go extinct two years on
the date of its creation, keeping itself in the situation from beyond the framework the judges to these
appointed until they occupy the vacancies that would compete them, in accordance with the terms of paragraph 3 of the article
previous.
3. The appointment of judges, under the terms of this Article, shall comply with the general rules of
propment of vacancies.
4. The creation of seats referred to in paragraph 1 shall be approved by joint porter 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 auxiliary judges to the Supreme Court of Justice shall be prohibited by the
present law.
2. Inter-acting or auxiliary judges in the Supreme Court of Justice at the date of entry
in force of this Law that by the application of this are definitely not
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providos remain in that situation until they occupy the vacancy that will compete them, from
agreement with graduation in the respective contest.
SECTION V
Presidency of the Court
Article 49.
President of the Court
1. The Judges ' Judges who make up the framework of the Supreme Court of Justice
elect, from each other and by secret ballot, the President of the Court.
2. You are elected the judge who obtains more than half of the votes validly cast.
3. In the case of none of the judges obtaining the amount of votes referred to in the number
previous, proceed the second suffrage to which to compete only the two judges more
voted, applying, in the case of tie-up, the criterion of seniority in the category.
4. In the event of a tie in the second suffrage, the oldest of the two considers himself to be elected
judges.
Article 50.
Precedence
The President of the Supreme Court of Justice takes precedence among all the judges.
Article 51.
Duration of the term of office of President
1. The term of office of the President of the Supreme Court of Justice shall have the duration of five
years, not being admitted to re-election.
2. The outgoing President shall remain in office until the taking of the new
President.
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Article 52.
Competence of the President
1. Compete to the President of the Supreme Court of Justice:
a) Chairing the plenary of the Court, to the full of the specialised sections and, when the
these watch, to the conferences;
b) Homologate the tables of the ordinary sessions and convene the sessions
extraordinary;
c) Ascertaining the vencent at the conferences;
d) Voting whenever the law determines it, by signing, in this case, the judgment;
e) Give possession to the Vice-Presidents, the Judges, the Registrar of the Court and the
presidents of the courts of Relation;
f) Drive the court, superintender in your services and secure your
normal functioning by issuing the work orders that you have for necessary;
g) Exercise disciplinary action on the officers of justice in service in the
Tribunal, in respect of the penalty of gravity lower than the fine;
h) Exercise the remaining functions conferred by law.
2. Of the decisions rendered in the terms of the paragraphs f) and g) of the previous number is up
complaint to the plenum of the Superior Council of Magistrate.
3. Compete still to the President of the Supreme Court of Justice to know of the conflicts
of jurisdiction whose appreciation does not belong to the court of conflicts and, still, of the
conflicts of competence that occur between:
a) The plenos of the sections;
b) The sections;
c) The courts of Relation;
d) The courts of the Relation and the courts of comarch;
e) The comarch courts of different judicial districts or sedeed in the area of
different courts of Relation.
4. The competence referred to in the preceding paragraph shall be delegated to the Vice-Chairpersons.
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Article 53.
Vice-Presidents
1. The President of the Supreme Court of Justice shall be co-adjured by two Vice-Presidents.
2. The election and the exercise of the mandate of the Vice-Presidents shall apply the willing
relatively to the President, without prejudice to what, as to the election, sets out in the
following numbers.
3. Havening the simultaneous election of the Vice-Presidents, the judges shall be deemed to be elected
get the highest number of votes.
4. In the event of obtaining equal number of votes, the second suffrage shall be carried out by
how to compete only the judges among whom the draw has occurred.
5. Subsisting the tie in the second suffrage, consider themselves elected the judge or the judges
older in the category.
Article 54.
Replacement of the President
1. In your tales and impediments, the President is replaced by the Vice President more
old in office or, if it is equal to the seniority of the vice-presidents, by the oldest
in the category.
2. Failing or being prevented by both Vice-Presidents, the President is replaced
by the oldest judge in exercise.
3. Taking into account the needs of service, the Superior Council of the Magistrature, under
proposal of the President of the Court, determines the cases in which the Vice-Chairs
may be exempt or privileged in the distribution of the processes.
Article 55.
Presidents of section
1. Each section is presided over by the judge who, from among those who make it up, is annually
elected its president by the respective full.
2. Election referred to in the preceding paragraph shall be held by secret ballot, without discussion or
prior debate, in the first session of each judicial year presided over to that effect,
by the President of the Court or, by his delegation, by one of the Vice-Presidents.
23
3. Compete to the President of the Chamber presiding over the sections and exercise, with due
adaptations, the functions referred to in points b) , c) and d) of Article 52 (1)
CHAPTER IV
Courts of Relation
SECTION I
General provisions
Article 56.
Definition
1. The courts of the Relation are, as a rule, the courts of second instance and, in that case,
designate themselves by the name of the municipality in which they are located.
2. In each judicial district there are one or more Courts of Relation.
SECTION II
Organization and operation
Article 57.
Organization
1. The courts of the Relation comprise sections in civil matters, in criminal matters,
in social and family matters and minors, without prejudice to the provisions of the
the following number.
2. The existence of the social or family sections and minors depends on the volume or the
complexity of the service.
3. When there is no social or family section and minors, for not checking the situation
referred to in the preceding paragraph, it is up to the court of the Relation of the seat of the judicial district
or, depending on the cases, of the nearest district, judge the resources of the decisions in the
subjects whose competence would belong to the sections mentioned.
24
Article 58.
Health
The courts of the Relation operate, under the direction of a president, in plenary and by
sections.
Article 59.
Common services
In the judicial districts in which there is more than one court of the Relation, the services
common, for administrative purposes, work in the court of the seat of the respective
district.
Article 60.
Table of judges
1. The framework of the judges of the courts of the Relation shall be fixed by decree-law.
2. When the service justifies it, in particular by the number or complexity of the
processes, the Superior Council of the Magistrature can highlight to the courts of the
Relation to auxiliary judges who show themselves necessary.
3. The provisions of the preceding paragraph shall apply when it occurs that one or more judges
of the framework are in a situation of accumulation with the exercise of functions of
magistrate trainer.
4. The posting takes place for one year, may be renewed for equal periods and
depends on the judge's annuence and budget cabling.
5. The base remuneration of auxiliary judges corresponds to the first step
remunerative of the judges of the courts of Relation.
6. The Superior Council of the Magistrature may deliberate that the ocasione detachment
opening of vacancy in the place of origin.
7. The Superior Council of Magistrature may, during the posting to which it alluded to the n.
4, for urgent convenience of service, obtained its annuence and budget cabling,
put the auxiliary judges up to the following judicial motion in another court of the
Relation.
25
Article 61.
Military judges
The cadres of judges of the courts of the Relation of Lisbon and the Port provide for a judge
military by each branch of the Armed Forces and one from GNR.
Article 62.
Representation of the Public Ministry
1. In the courts of the Relation of the district headquarters of the judicial district, the Public Prosecutor's Office is
represented by the district attorneys general.
2. In the remaining courts of the Relation, the Public Prosecutor's Office shall be represented by the
attorney general-adjunct that the Higher Council of the Public Prosecutor's Office designate.
3. The attorneys-general-adjoining mentioned in the preceding number are assigned in
commission of service and integrate the district attorneys general of the respective area
territorial, and may be co-adjured by attorneys-general-adjoining or by
attorneys of the Republic.
4. The attorneys general-adjoining referred to in paragraph 2 drive and coordinate the activity
of the Public Prosecutor's Office in the respective court, confers possession to the prosecutors of the
Republic and the procuratorates-adjoining the seat comarch of that, may still be-
delegated to them by the district attorney general the jurisdiction to which they refer to
points e) and f) of Article 58 (1) of Law No 60/98 of August 27.
Article 63.
Shifts
1. The courts of the Relation shall apply to the provisions of Article 40 (1).
2. The shifts are organized, respectively, by the presidents of the courts of the
Relationship, by the district attorneys general or by the attorneys-general-adjoining the
referred to in paragraph 1 of the previous article, with prior hearing of the magistrates and, always
which possible, in advance of 60 days.
26
Article 64.
Subsidiary provisions
It shall apply to the courts of the Relation, with the necessary adaptations, the provisions of the n.
2 and 4 of Article 35 and in Articles 36, 38 and 39.
SECTION III
Competence
Article 65.
Competence of the plenary
It is incumbent on the courts of Relation, functioning in plenary, to exercise the skills
conferred by law.
Article 66.
Competence of sections
It is incumbent on the sections, according to their specialisation:
a) Judging resources;
b) Judging the proposed actions against judges of law and first-time military judges
instance, procuratorates of the Republic and procurators-adjoining, because of the
their functions;
c) Judging prosecutions for crimes committed by the magistrates and military judges
referred to in the previous point and resources in counterordinational matter to them
relating;
d) Judging the judicial processes of international judicial cooperation in matter
penal;
e) Judging the processes of review and confirmation of foreign sentence, without
prejudice to the jurisdiction legally assigned to other courts;
f) Grant the exequatur to the decisions rendered by the ecclesiastical courts;
g) Judging, through the rapporteur, the terms of the resources that are available to you
committed by the law of process;
h) Practise, pursuant to the law of procedure, the jurisdictional acts concerning the
27
inquiry, direct the criminal instruction, preside over the instructional debate and profer
dispatch of pronunciation or non-pronunciation in the processes referred to in paragraph c) ;
i) Exercising the remaining powers conferred by law.
Article 67.
Subsidiary provisions
1. It shall apply to the courts of the Relation, with the necessary adaptations, the provisions of
articles 42 and 45.
2. The remission to the provisions of Article 42 shall be without prejudice to the application of Article 3 (3)
57.
SECTION IV
Presidency
Article 68.
President
1. The judges who make up the framework of the court of Relation elect, from each other and by
secret ballot, the president of the court.
2. It shall apply to the election and the exercise of the term of office of the Chairman of the Relation, with the
necessary adaptations, the provisions of Article 49 (2) and (3) and Article 51.
Article 69.
Competence of the President
1. To the competence of the President of the Relief Tribunal shall apply, with the necessary
adaptations, the provisions of points a) a d) , f) , g) and h) of Article 52 (1)
2. The chairman of the court of the Relation is competent to know from the conflicts of
competence between courts of comarch sedeed in the area of the respective court,
may delegate this competence to the vice-president.
3. Compete still to the president to give the vice president, the judges and the secretary
of the court.
4. Decisions handed down in disciplinary matters shall apply to the provisions of paragraph 2 of the article
28
52.
Article 70.
Vice-President
1. The president of each court of Relation shall be coadjured and replaced by a deputy
chair, in which you can delegate the exercise of your competences.
2. It shall apply to the election and to the exercise of the term of office of Vice President the provisions of the
article 68 para.
3. In your tales and impediments, the Vice President is replaced by the oldest of the
judges in exercise.
4. It shall apply to the Vice President the precept in Article 54 (3).
Article 71.
Subsidiary provision
It shall apply to the courts of the Relation, with the necessary adaptations, the provisions of the
article 55 para.
CHAPTER V
Courts of comarch
SECTION I
General provisions
Article 72.
Definition
The courts of first instance are, as a rule, the courts of comarch and,
in that case, they shall be designated by the name of the constituency in which they are installed.
29
Article 73.
Competence
1. Compete the courts of comarch prepare and judge the processes concerning causes
not covered by the competence of other courts.
2. The comarch courts are courts of generic and specialized competence.
Article 74.
Unfolding
1. The comarch courts have unfolded in judgements, by decree-law, which may be of
generic and specialized competence, in the terms of this article and the articles
109. and following.
2. The following judges of specialist competence may be set up:
a) Criminal instruction;
b) Family and Minors;
c) Work;
d) Trade;
e) Intellectual Property;
f) Maritime;
g) Execution of feathers;
h) Execution;
i) Judgments of a cible instance;
j) Criminal instance judgements.
3. Whenever the procedural volume justifies it may be created, by decree-law,
Judgments of mixed specialist competence.
4. The judgements referred to in points i) and j) from the previous number may still unfold,
when the volume or complexity of the service justifies it, on three levels of
judicial specialization, pursuant to Art. 126:
a) Great instance;
b) Average instance; and
c) Small instance.
30
SECTION II
Organization and operation
Article 75.
Health
1. First instance court tribunals function, depending on the cases, as
single court, as a collective court or as a court of the jury.
2. In each court or judgment carry out duties one or more judges of law.
3. When the law of procedure determines the impediment of the judge, this is replaced in the
terms of the following article.
4. In the cases provided for in the law, they may be part of the social justice courts, designated
from among people of recognized idoneity.
5. When the designation or intervention of social judges is not possible, the court is
constituted by the single judge or the collective, as the cases.
6. The law may provide for the collaboration of qualified technicians when the trial of the
matter of fact depends on special knowledge.
Article 76.
Replacement of the Judges of Law
1. Law judges are replaced, by the president of the court of the comarch, in their
flawed and impediments, by another judge of law of the same comarch.
2. In judgements with more than one judge, the judge of the first section is replaced by the of the
second, this by the one of the third, and so successively, so that the judge of the
last section be replaced by the of the first.
3. The replacement that extends over a period of more than 30 days is remunerated, in the
terms set out in paragraphs 2 and 3 of the following article.
Article 77.
Accumulation of functions
1. In addition to the cases provided for in the law, the Superior Council of Magistrature may, under
proposal of the president of the comarch court, determine that a judge exercises
31
functions in more than a doomsday of the same comarch, weighted the needs of the
service and the existing procedural volume.
2. The remuneration to which you rent the previous number is assigned according to the service
effectively provided and with reference to the time concretely expended with the
execution of the same, having as a maximum limit on the entire salary of the judge
in accumulation.
3. The remuneration referred to in this Article shall be fixed by dispatch of the member of the
Government responsible for the area of justice, under assent of the Higher Council
of the Magistrature to whom it is up to the payment.
Article 78.
Special table of judges
1. In the comarches in which the volume of service advises him, pursuant to decree-law,
they carry out functions judges with exclusive allocation to the trial in collective court.
2. The judges referred to in the preceding paragraph shall be entitled to cost aids depending on the
needs for travel under the general law, with no time limit.
3. It shall apply to the courts of comarch the provisions of paragraph 2, 3, 4, 6 and 7 of Article 60,
with due adaptations.
4. The remuneration of auxiliary judges corresponds to the one that would compete for them if they exercised
functions as herds in the courts for which they are highlighted.
Article 79.
Supplementary table of judges
1. At the headquarters of each judicial district there is a scholarship of judges for posting on
courts of comarch of the respective district in which the lack or the
impediment of your holders or the vacancy of the place or to find themselves in the
conditions laid down in the combined provisions of the preceding Article and Article 2 (2)
60.
2. Judges are appointed on a commission of service, for the period of three years, auhurting,
when highlighted, cost aids under the general law, with no time limit.
3. The number of judges shall be fixed by joint porterie of the members of the Government
responsible for the areas of finance and justice, on a proposal from the Higher Council
32
of the Magistrature.
4. It is up to the Higher Council of the Magistrature to carry out the management of the scholarships referred to in
n. 1 and regulate your posting.
Article 80.
Specialized sections
The Superior Council of Magistrates may make the specialization of the sections of the
judgements in the courts of comarch, for merely administrative purposes, with
compliance with the provisions of the decree-law referred to in Article 180 (1).
Article 81.
Distribution shifts
1. In judgements with more than one section, there is a shift judge, who presides over the distribution and
decides the issues with this related.
2. With the exception of those taking place on summer court holidays, the shifts are
fortnightly and are beginning on days 1 and 16 of each month, following the order of
numbering of the sections and, in each, the order of seniority of the judges.
Article 82.
Urgent service
1. In the courts of comarch courts arrange shifts to ensure service
urgent during the holiday periods.
2. They are still organised shifts to ensure the urgent service provided for in the Code of
Criminal Procedure, in the Mental Health Act and the Tutelar Organization of Minors that
should run on Saturdays, on holidays that recaive on Monday and the
second day holiday, in case of consecutive holidays.
3. The organization of the shifts to which the previous figures are referred to, as per the
cases, to the president of the comarch court and to the magistrate of the prosecutor's office
coordinator, with prior hearing of the magistrates and, where possible, with the
in advance of 60 days.
4. By the service provided pursuant to paragraph 2 is due to remunerative supplement, in the
33
terms to be defined by decree-law.
Article 83.
Office of Support for Magistrates
1. It is created, in the organic dependence of the Superior Council of Magistrature, a
Office of Support for Magistrates.
2. Each comarch is endowed with a Supporting Office, having by coordinator the
chairman of the respective comarch court.
3. The Support Office is intended to ensure advice and technical consultancy to the
magistrates of each comarch and the president of the court, in the terms to be defined by
Decree-law.
4. Each Support Office consists of specialists with scientific background and
appropriate professional experience, in number to be fixed by joint porterie of the
members of the Government responsible for the areas of finance, Public Administration
and of justice.
5. The recruitment of the personnel referred to in the preceding paragraph shall be carried out by the
Superior Council of the Magistrature, through service commission.
6. The remunerative levels of the personnel provided for in this Article shall be set by
regulatory decree, the respective burden being borne by the Council
Top of the Magistrature.
SECTION III
Management of the comarch courts
SUBSECTION I
President of the comarch court
Article 84.
President
In every court of comarch there is a president, which is coadjured by a
judicial administrator.
34
Article 85.
Appointment
1. The President is appointed, by choice, by the Superior Council of the Magistrature, in
commission of service, for the period of three years, of among court-enabled judges
of specific training that meet the following requirements:
a) Exercise effective functions as Embargoer Judges and possess
rating not less than Good with distinction ; or
b) They exercise effective duties as Law Judges, own 10 years of service
effective in the courts and classification not less than Good with distinction .
2. The commission of service does not give way to the opening of vacancy and can be ceased to any
moment, upon reasoned deliberation of the Superior Council of Magistrature.
Article 86.
Renewal and evaluation
1. The President's service committee may be renewed once, upon evaluation
favorable, resulting from audit to be carried out by the Superior Council of Magistrature.
2. The audit focuses solely on the exercise of the powers of management legally
assigned to the president.
Article 87.
Competencies
1. Without prejudice to the autonomy of the Public Prosecutor's Office and the power of delegation, the
chair of the comarch court possesses powers of representation and direction,
of procedural, administrative and functional management.
2. The president of the court possesses the following powers of representation and
direction:
a) Represent and direct the court;
b) Follow up with the achievement of the objectives set for the court services by
part of the employees;
c) To promote the holding of planning and evaluation meetings of the results
of the court, with the participation of the judges and officials;
35
d) Adopt or propose to the competent entities measures, inter alia, of
de-bureaucratization, simplification of procedures, use of the technologies of
information and transparency of the justice system;
e) Be heard by the Superior Council of Magistrature, whenever it is weighted
the realization of trade unionists with respect to the comarch's judgements;
f) Be heard by the Board of Justice Officers, whenever it is weighted to
carrying out extraordinary inspections as to the officials of the comarch or
of syndications with respect to the secretaries of the comarch;
g) Draw up, for presentation to the Superior Council of Magistrature, a report
semester on the state of services and the quality of the response, giving
knowledge of the same to the Prosecutor-General of the Republic and the Directorate General
of the Administration of Justice (DGAJ).
3. The president of the court has the following functional competencies:
a) Give possession to the judges and officials;
b) Draw up the maps and holiday shifts of the judges and subject them to the approval of the
Top Council of the Magistrature;
c) Authorize the holiday enjoyment of the employees and approve the respective maps
annual
d) To exercise disciplinary action on employees on duty in court,
relatively the penalty of gravity lower than that of fine and, in the remaining cases,
initiate disciplinary proceedings, if the offence occurs in the respective court;
e) Appoint a substitute judge, in the event of an impediment to the legal substitute, in the
terms of the provisions of Article 76.
4. The president of the court has the following procedural management skills,
owing them to exercise them by prior hearing of the judges of the comarch and without prejudice
of the jurisdictional power of each judge:
a) Implement methods of work and measurable goals for each unit
organic, without prejudice to the skills and assignments in that matter by the
Top Council of the Magistrature, specifically, in the setting of the indicators
of the appropriate procedural volume;
b) Follow up and evaluate the activity of the court, namely the quality of the
justice service provided to citizens;
c) Follow up on the procedural motion of the court, identifying,
specifically, the processes that are pending for time considered
36
excessive or which are not resolved within a reasonable period of time, informing
the Superior Council of the Magistrature and proposing the measures that are warranted;
d) To promote the implementation of procedural simplification and streamlining measures;
e) To propose to the Superior Council of Magistrates the specialization of sections in the
judgements;
f) To propose to the Superior Council of Magistrates the reallocation of judges in scope
of the comarch, with a view to a rational and efficient distribution of the service;
g) Proceed to the reallocation of officials within the respective comarch and in the
legally defined limits;
h) Request the supply of additional response needs, namely
through the recourse to the supplementary framework of judges.
5. The president of the court has the following administrative powers:
a) Elaborate the draft budget;
b) To propose the budgetary changes deemed appropriate;
c) Participate in the design and implementation of measures of organization and modernization
of the courts;
d) Planning the needs of human resources;
e) Managing the use of the court spaces, specifically of the spaces of
common use, including the boardrooms;
f) To ensure the existence of conditions of accessibility to the court's services and
the maintenance of the quality and safety of existing spaces;
g) Regulate the use of parks or privately owned parking spaces of
vehicles;
h) Provide, in collaboration with the competent departments of the Ministry of
Justice, for the proper use, maintenance and conservation of equipment
affections to their respective services;
i) Provide, in collaboration with the competent departments of the Ministry of
Justice, for the conservation of facilities, of common goods and equipment, well
how to take or propose measures for their rational use.
6. The President shall further exercise the powers delegated to him by the Council
Top of the Magistrature.
7. The competences referred to in paragraph 5 shall be exercised, by delegation of the President, by the
court administrator, without prejudice to the power of avocation and appeal.
8. For the purposes of monitoring the activity of the court, including the elements
37
relative to the duration of processes and productivity, data are made available
computerized system of the judicial system, in respect of the protection of personal data.
Article 88.
Magistrate coordinator
1. When, in the comarch, there are judgements with more than three judges, the president,
heard the judges of the comarch, may propose to the Superior Council of Magistrature a
appointment, for the judgements in question, of a magistrate coordinator from among the
respective judges, which exercises, in the framework of the judgment, the following competences
delegated without prejudice to appeal to the president or avocation of competence
by the president:
a) Steering competencies under the terms of the b) of paragraph 2 of the preceding Article;
b) Procedural management skills pursuant to points (s) a) a c) of paragraph 4 of the
previous article
2. The Coordinating Magistrate exercises the respective competence under guidance of the
chairman, owing to account of his or her exercise whenever for such a request
by the president.
3. The Coordinating Magistrate attends the course referred to in Article 91.
Article 89.
Magistrate of the prosecutor's office coordinator
1. In each court of comarch there is a Magistrate of the Public Prosecutor's Office
coordinator, designate, from among attorneys-general-adjoining, by the Council
Superior of the Public Ministry.
2. The Magistrate of the Coordinating Prosecutor's Office shall exercise the following powers,
as to the magistrates and officials of the Public Prosecutor's Office:
a) Follow up on the procedural movement of services, identifying,
specifically, the processes that are pending for time considered
excessive or which are not resolved within a reasonable period of time, informing
the Attorney General of the Republic and proposing the measures that are warranted;
b) Follow up the development of the objectives set for the services of the
Prosecutor's Office on the part of prosecutors and officials;
38
c) To promote the holding of planning and evaluation meetings of the results
of the court, with the participation of the procurators and officials;
d) Adopt or propose to the competent entities measures, inter alia, of
de-bureaucratization, simplification of procedures, use of the technologies of
information and transparency of the justice system;
e) Be heard by the Superior Council of the Public Prosecutor's Office, whenever it is
weighted to the achievement of extraordinary inspections or syndications as to the
prosecutors of the comarch;
f) Draw up the maps and holiday shifts of the prosecutors and authorize and approve the
holiday maps of the officials;
g) To exercise disciplinary action on employees in office in the services of the
Prosecutor's Office, regarding the penalty of gravity lower than the fine and, in the
remaining cases, to institute disciplinary proceedings, if the offence occurs in the
respective court;
h) Define methods of work and measurable goals for each unit
organic, without prejudice to the skills and assignments in that matter by the
Top Council of the Public Ministry;
i) Determine the application of procedural simplification and agilization measures
j) Proceed to the reallocation of officials within the respective comarch and in the
legally defined limits;
k) Ensuring the existence of conditions of accessibility to the Ministry's services
Public and the maintenance of the quality and safety of existing spaces.
3. The Magistrate of the Public Prosecutor's Office coordinator attends the course referred to in the article
91.
Article 90.
Paid status
1. The presiding judge, who is disembarkant, shall earn the maturity corresponding to the
job of origin.
2. The remunerative status of the President, when he is a judge of law, shall be equated with the
of the judges placed in exclusive assignment to the judgment in collective court.
3. The President shall be entitled to expenses of representation, of amount to be fixed by decree-
law.
39
Article 91.
Training
1. The exercise of duties of president implies the prior frequency of course of
specific training, which includes, in particular, the following areas of
competencies:
a) Organisation and administrative activity;
b) Organization of the court system and administration of the court;
c) Management of the court and procedural management,
d) Simplification and procedural streamlining;
e) Evaluation and planning;
f) Management of human resources and leadership;
g) Management of budgetary, material and technological resources;
h) Information and knowledge;
i) Quality, innovation and modernization.
2. The training course is carried out by the Center for Judicial Studies with the
collaboration of other forming entities, in the terms defined by the porterie of the
member of the Government responsible for the area of justice that approves the regulation of the
course.
Article 92.
Resources
It is up to the Higher Council of Magistrature, to be interested in the 20-day time frame
useful, of the administrative acts carried out by the President under the n. paragraphs 3 and 4 of the
article 87 para.
SUBSECTION II
Judicial administrator
40
Article 93.
Administrator of the comarch court
1. In each court there is an administrator, which coadjuts the respective president.
2. The administrator acts under the guidance and direction of the president of the court.
Article 94.
Recruitment
1. The administrator is appointed by the president, by choice, from among constant persons
of list arranged and published by DGAJ, after the holding of public tender.
2. Are admitted to the frequency of the training course referred to in the following article,
upon holding of public tender, promoted by DGAJ:
a) Secretaries of justice with classification of Very good ;
b) Employees who exercise public functions with academic training and
professional experience appropriate to the exercise of their respective functions.
3. The rules relating to the holding of the public tender and the placement and permanence of the
candidates in the list referred to in this article are listed in a regulatory decree.
Article 95.
Training
1. The exercise of administrator roles depends on prior approval in the course of
specific training, which includes, inter alia, the following areas of
competencies:
a) Organisation and administrative activity;
b) Management of human resources and leadership;
c) Budget and accounting of the courts;
d) Hygiene and safety at work;
e) Management of budgetary, material and technological resources;
f) Information and knowledge;
g) Quality, innovation and modernization.
2. Applicants attend the course in the appropriate modality of internal mobility,
maintaining the remuneration corresponding to the link of origin.
41
3. The training course is carried out by the Center for Judicial Studies with the
collaboration of other forming entities, in the terms defined by the porterie of the
member of the Government responsible for the area of justice that approves the regulation of the
course.
Article 96.
Appointment
1. The administrator is appointed in commission of service by the President of the court, by
delegation of the Superior Council of Magistrates, for a period of three years, to which
can be renewed by two equal periods.
2. In the event of non-renewal of the commission of service the functions are ensured by the
outgoing administrator, under current management regime, until the appointment of new holder.
3. The exercise of duties under current management regime may not exceed the time limit of 90
days.
Article 97.
Competencies
1. The administrator exercises the duties delegated to him or subdelegated by the
chairman of the court of comarch, by the Director General of the Administration of Justice,
by the President of the Institute for Financial Management and Infrastructure of Justice, I. P.
and those provided for in this Law.
2. For the purposes of the provisions of the preceding paragraph, the Managing Director of the Administration of
Justice and the President of the Institute for Financial Management and Infrastructure of the
Justice, I. P, can always allow, through an act of delegation of powers, that
the administrator practices any act of ordinary administration inserted in the
competence of those entities.
3. The administrator may sub-delegate in the secretaries of justice the managerial skills
which relate solely to each judgement, without prejudice to avocation.
42
Article 98.
Time exemption
The administrator is exempt from working hours.
Article 99.
Remuneration
The administrator has the remunerative status of director of services.
Article 100.
Time of service
The time of service provided in the post of administrator account, for all purposes
legal, as provided in the category of origin.
Article 101.
Evaluation of performance
The evaluation of the performance of the administrator is carried out by the respective president in the
Terms of the Integrated Management System and Evaluation of the Performance of the Administration
Public (SIADAP).
Article 102.
Replacement
1. The post of administrator may be exercised in a replacement scheme in cases of
absence or hindrance of the respective holder when it is anticipated that these
condialisms persist for more than 60 days or in the event of vacancy of the place.
2. The appointment under replacement shall be carried out in accordance with the provisions of the article
96., observed the requirements set out in Article 94.
3. The replacement basket on the date on which the holder resumes functions or decorates 90 days
after the date of the vacancy of the place, unless the procedure is biased to the
appointment of new holder.
43
4. The replacement may still cease, at any time, by the decision of the President of the
court or at the request of the substitute as soon as he deinjured.
5. The period of replacement confers right to remuneration under Rule 99 and
account, for all legal effects such as time of service provided in office
previously occupied, as well as in place of origin.
Article 103.
Termination of the commission of service
1. The service commission may be given by finda at any time, by decision
substantiated by the president of the court, without prejudice to the right of prior hearing of the
administrator.
2. The commission of service may also cease on the application of the administrator,
presented with the minimum 60 days notice, which you consider to be deinjured in the
period of 30 days from the date of submission.
Article 104.
Subsidiary law
In everything that is not expressly provided for in this Law shall apply to the
administrator the regime of unintegrated justice officials in the group of personnel
officer of justice.
SUBSECTION III
Board of Comarch
Article 105.
In each comarch there is a board of comarch, abbreviated by
Advice.
Article 106.
Composition
1. The Council shall have the following composition:
44
a) The president of the court, who presides;
b) The magistrate of the prosecutor's office coordinator;
c) A representative of the Order of Lawyers;
d) A representative of the House of Solicitors;
e) A representative of the officers of justice in the exercise of duties in the
comarch;
f) A representative of the municipalities integrated into the comarch;
g) Representatives of the users of the justice services, to be designated by the President, in the
maximum of three.
2. The administrator of the court integrates the Council, without the right to vote.
3. You can participate still in the meetings, without the right to vote, by convening the
respective chairman, any persons or entities whose presence is considered
necessary for clarification of the subjects under consideration.
Article 107.
Health
1. The Board meets ordinarily once a month and extraordinarily whenever
convened by the President, on his initiative or upon request by a third of the
its members.
2. The exercise of the Council's posts is not remunerated, and there is room for payment
of cost aid to the representatives referred to in points c) a g) of the Article 1 (1)
previous, when they are required to move between municipalities for the meetings.
Article 108.
Competencies
1. Compete to the Council to give advice on:
a) The annual and multi-year plans for activities and activity reports;
b) The internal regulations of the court of comarch and the respective judgements.
2. Compete still to the Council, pronounce on the following subjects:
a) Evolution of the court's response to the requests and expectations of the community;
b) Existence and maintenance of conditions of accessibility and quality of spaces
and court services;
45
c) The use, maintenance and preservation of equipment allocated to the respective
services;
d) Other matters referred to it by the president of the court.
3. Compete to the Board to signal, study and propose to the President the resolution of
service problems raised by the representatives of the judicial operators in the
Advice.
4. The Council receives complaints or complaints from the public about the organization and
functioning in general of the court of comarch or of some of its judgements and
presents to the president of the court or to the magistrate coordinator of the Ministry
Public suggestions or proposals aimed at fostering their further improvement.
SECTION IV
Judge of generic competence
Article 109.
Competence
1. Generic competency judgments possess competence in the respective territorial area,
as defined in a decree-law, when the causes are not attributed to judgements
specialized competence.
2. Generic competency judgments still possess competence for:
a) Proceed to criminal instruction, decide on the pronunciation and exercise the duties
Jurisdictions concerning the investigation, where there is no criminal instruction judgment;
b) Exercise, in the context of the implementation process, the powers provided for in the
Code of Civil Procedure, where there is no enforcement judgement;
c) Comply with the warrants, letters, crafts and telegrams that are directed to them by the
courts or competent authorities;
d) Judging the resources of the decisions of the administrative authorities in processes of
counter-ordinance, save the provisions of Articles 118, 120, 121, 131, 131 and
132., when there are, in the comarch, the respective judgments of jurisdiction
specialized;
e) Exercising the remaining powers conferred by law.
46
SECTION V
Judge of specialist competence
SUBSECTION I
Judge of criminal instruction
Article 110.
Competence
1. Compete to the criminal instructional judgements to proceed to criminal instruction, decide
as to the pronunciation and to exercise the jurisdictional functions concerning the inquiry.
2. When the interest or urgency of the investigation justifies it, the acting judges
of criminal instruction functions can intervene, in processes that are to them
affections, outside of its territorial area of competence.
Article 111.
Special cases of competence
1. The jurisdiction referred to in paragraph 1 of the preceding Article, as to the crimes
set out in Article 47 (1) of Law No 60/98 of August 27, it is up to a judgment
central criminal instruction when criminal activity occurs in comarcas
belonging to different judicial districts.
2. The jurisdiction of criminal instructional judgments of the headquarters of the judicial districts covers
the area of the respective district regarding the crimes to which the number relates
previous when criminal activity occurs in different comarks of the same
district.
3. In the comarches in which the procedural movement justifies it and is created
departments of research and criminal action (DIAP), will also be created judgements
criminal instruction with circumscribed competence to the area of the covered comarches.
4. The jurisdiction referred to in paragraph 1 of the preceding Article, as to the crimes
strictly military, it falls to the military criminal instruction sections of the Juízos of
Criminal instruction from Lisbon and Porto, with jurisdiction in the areas indicated in the
Military Code of Justice.
5. Ponderado the procedural motion, identical sections may be created in others
47
courts, with jurisdiction of equal scope, greater or lesser of the corresponding to the
comarch.
6. The provisions of the preceding paragraphs shall be without prejudice to the jurisdiction of the investigating judge
of the area where the jurisdictional acts, of an urgent nature, concerning the inquiry, should
be carried out.
Article 112.
Judges of criminal instruction
1. In the comarches in which there is no criminal instruction judgment, may the Superior Council
of the Magistrature, whenever the procedural motion justifies it, determine the
allocation of judges of law, in exclusivity regime, to criminal instruction.
2. The provisions of the preceding paragraph shall apply to the comarch or comarks in which it is not
find sediment from criminal instruction judgement and integrate into the respective area of
jurisdiction.
3. As long as the allocation referred to in the preceding paragraphs is maintained, the frame of
magistrates consider themselves to be increased from the number of corresponding units.
4. For support of the judges assigned in regimen of exclusivity to criminal instruction are
outstanding officers of justice.
SUBSECTION II
Judgements of family and minors
Article 113.
Competence concerning the state of the people and family
It is incumbent on family judgements and minors to prepare and judge:
a) Proceedings of voluntary jurisdiction relating to spouses;
b) Proceedings of voluntary jurisdiction relating to situations of de facto union or
common economy;
c) Actions of separation of persons and goods and litigation divorce;
d) Shares of separation of persons and goods and of divorce by mutual consent
resulting from agreement obtained in the framework of separation or divorce proceedings
litigious;
48
e) Inventories required following actions of separation of persons and goods and
of divorce, as well as the cautionary procedures with those related;
f) Actions for a declaration of non-existence or cancellation of civil marriage;
g) Intended actions on the basis of Article 1647 and paragraph 2 of Article 1648 of the
Civil Code;
h) Actions and executions by food between spouses and between ex-spouses;
i) Other actions relating to the state of the people and family.
Article 114.
Competence concerning minors and larger children
1. Compete equally to family judgements and minors:
a) To establish guardian and the administration of goods;
b) Appoint person that there is to celebrate business in the name of the minor and, well so,
appoint curator-general who represents extrajudicially the smallest subject to the
paternal power;
c) Constitute the link of adoption;
d) To regulate the exercise of parental power and to know about the issues in this concerning;
e) Fix the food due to minors and the larger or emancipated children to which
it refers to Article 1880 of the Civil Code and to prepare and judge executions by
food;
f) Order the judicial trust of minors;
g) Authorize the legal representative of the minors to practise certain acts, confirm the
that have been practiced without authorization and provide about acceptance
of liberalities;
h) Decide about the surety that parents should provide in favour of the minor children;
i) Enact the inhibition, total or partial, and establish limitations to the exercise of the
paternal power, provided for in Article 1920 of the Civil Code;
j) Proceed to the officiating fact-finding of maternity, paternity or for
impugation of presumed paternity;
l) Preparing and judging the actions of research and impugation of motherhood and
parenthood;
m) Decide, in case of parental disagreement, on the name and nicknames of the minor.
2. Compete still to the family judgements and minors:
49
a) With tutelage or administration of goods, determine the remuneration of the tutor or
of the administrator, know of the escussion, exoneration or removal of the tutor, of the
administrator or the vogal of the family council, demand and judge the accounts,
authorize the replacement of the legal mortgage and determine the reinforcement and replacement
of the surety provided and appoint special curator representing the minor
extrajudicially;
b) Appoint special curator representing the minor in any tutelary process;
c) Convert, repeal and review the adoption, demand and judge the adopter's accounts and
fix the amount of income earmarked for food from the adopted;
d) Decide about the reinforcement and replacement of the collateral provided in favour of the children
minors;
e) Require and judge the accounts that parents should provide;
f) Know of any other incidents in the processes referred to in the number
previous.
3-In cases where the law reserves the competence referred to in the preceding paragraphs
other entities, the jurisdiction of family judgements and minors respects the reassessment
of the decisions of these entities.
Article 115.
Competencies in educational matters and tutelar
1. Compete to family judgements and minors enact measures regarding minors
who, having completed 12 years and before they have lost 16 years, find themselves in
any of the following situations:
a) Show serious difficulty of adapting to a normal social life, by its
situation, behavior or trend that hajam revealed;
b) If they deliver on begging, vagrancy, prostitution, libertinage, abuse of
alcoholic beverages or illicit use of drugs;
c) Be agents of some fact qualified by the criminal law as a crime or against-
ordering.
2. The competence of family judgements and minors is extensive to minors with age
less than 12 years when parents or legal representative do not accept the intervention
tutelary or re-educational of official or officialized institutions non-judicial.
3. Thessaloniki the cases in which the competence falls, by law, to the institutions referred to in the
50
n. 2, regardless of age, the family and minor judgements are still
competent for:
a) Enact measures in respect of minors who are victims of mistreatment, of
abandonment or deamparing or find themselves in situations susceptible to poring
in danger to their health, safety, education or morality;
b) Enact measures in respect of minors who, having reached the age of 14, if
show gravely inadapted to the discipline of family, labour or the
establishment of education and assistance in which they are found to be internalized;
c) Enact measures in respect of minors to be entertained by begging,
vagrancy, prostitution, libertinage, alcohol abuse or use of
drugs, when such activities do not constitute or are connected
with criminal offences;
d) To appreciate and decide requests for protection of minors against abusive exercise
of authority in the family or in the institutions to which they are delivered.
4. When, during the performance of measurement, the smallest with more than 16 years commit
any criminal offence, the judgment may know of this, for the purpose of reviewing the
measure in execution, if the personality of the minor and the unserious circumstances
of the fact so they advise you.
5. Cessa the competence of the judgment when the process in this der comes after the minor
reach 18 years, in which case it is shelved.
Article 116.
Constitution
1. Family and minor judgement works, as a rule, with one judge only.
2. In the processes in which the application of internship measurement is provided, a measure of
promotion or protection without agreement, and in the case provided for in paragraph 4 of the article
previous, the judgment belongs to a court constituted by the judge, who presides, and by
two social judges.
SUBSECTION III
Judgements of the work
51
Article 117.
Cable competence
It is incumbent upon the judgements of the work to know, in civil matters:
a) Of the questions concerning the cancellation and interpretation of the instruments of
collective regulation of work that does not review administrative nature;
b) From the emerging issues of subordinate working relationships and relations
established with a view to the conclusion of contracts of employment;
c) From the emerging issues of accidents at work and occupational diseases;
d) From the issues of nursing or hospital, supply of medicines
emerging from the provision of clinical services, prosthesis apparatus and orthopaedics
or of any other services or benefits carried out or paid for the benefit of
of victims of accidents at work or occupational diseases;
e) Of the actions aimed at cancelling the acts and contracts concluded by any
responsible entities with a view to eximing themselves to the fulfilment of obligations
resulting from the application of trade union legislation or work;
f) From the emerging issues of contracts equated by law to labour;
g) From the emerging issues of apprenticeship and tyrocyric contracts;
h) From the issues between employees to the service of the same entity, regarding
rights and obligations that result from acts carried out in common in the execution
of their employment relationships or which result from the unlawful act practiced by a
of them in the execution of the service and on the grounds of this, ressalvaged the competence of the
criminal courts as to the related civil liability with the criminal;
i) From the issues between welfare institutions or family allowance and their
beneficiaries, when they respect the rights, powers or legal obligations,
regulatory or statutory requirements of one or other, without prejudice to the competence
own of the administrative and tax courts;
j) From the issues between trade union associations and partners or people by them
represented, or affected by decisions thereof, when they respect rights,
powers or legal, regulatory or statutory obligations of one another or others;
l) Of the processes aimed at the settlement and sharing of goods from institutions of
foresight or trade union associations, when there is no legal provision in
contrary;
m) Of the issues between welfare institutions or between trade union associations, the
52
respect of the existence, extent or quality of powers or legal duties,
regulatory or statutory ones of one of them that affects the other;
n) Of the executions founded in their decisions or in other executive titles,
re-salvaged the competence assigned to other courts;
o) Of the issues between subjects of a working legal relationship or between a
of these subjects and third parties, when emerging from related relations to the relationship
of work, by accessorization, complementarity or dependence, and the application
should be cumin with another for which the judgement is directly competent;
p) From the reconventional issues that with the action have the connection relations
referred to in the preceding paragraph, save in the case of compensation, where it is dispensed
the connection;
q) Of the cible issues concerning the strike;
r) Of the issues between committee of workers and the respective committees
coordinators, the company or employees of this;
s) Of the remaining issues that by law are assigned to them.
Article 118.
Competence in counterordinational matter
It is incumbent on the judgements to judge the resources of the authorities ' decisions
administrative in counterordinance processes in the labour and security fields
social.
Article 119.
Constitution of the collective court
1. In the causes referred to in points a) , b) , e) , f) , g) and q) of Article 117 in which it must
intervening the collective, the court is made up of the collective and two social judges.
2. In the causes referred to in paragraph f) of Article 117, one of the social judges shall be
named in the quality of independent worker and another in the quality of
wage worker.
3. In the remaining causes referred to in paragraph 1, one of the social judges shall be recruited from among
employers and another from among salaried employees.
53
SUBSECTION IV
Judgements of trade
Article 120.
Competence
1. Compete to the trade judgements to prepare and judge:
a) The process of insolvency;
b) The actions for the declaration of non-existance, nullity and cancellation of the contract of
society;
c) The actions relating to the exercise of social rights;
d) The actions of suspension and cancellation of social deliberations;
e) The actions of judicial settlement of companies;
f) Dissolution shares of European joint-stock company;
g) Dissolution actions of holding companies of social shareholdings;
h) The actions referred to in the Code of Commercial Registration.
2. Compete yet to the judgements of trade judging:
a) The impugments of the dispatches of the Conservatives of the trade register, well
how the impugments of decisions handed down by the Conservatives in the framework
of the administrative procedures for dissolution and liquidation of companies
commercials;
b) The resources of the decisions of the Competition Authority, in the process of against-
ordering.
3. The jurisdiction referred to in paragraph 1 covers the respective incidents and apensos.
4. The competences referred to in the b) of paragraph 2, as well as the competence for the
implementation of the respective decisions, fit the judgements of the average or small instance
criminal, depending on the value of the fine, in the comarks in which there is no judgment of
trade.
5. Compete to the trade judgments, where there are no judgments of property
intellectual, the skills to these assigned.
SUBSECTION V
Judgments of intellectual property
54
Article 121.
Competence
1. Compete to the judgments of intellectual property know of the questions concerning:
a) Statement actions in which the cause of asking for verse on property
intellectual, copyrights or other related rights with the property
intellectual and the special law of the manufacturer of databases;
b) Statement actions in which the cause of asking for verse on industrial property,
in any of the modalities provided for in the Act;
c) Shares of nullity and cancellation provided for in the Industrial Property Code;
d) Appeals for decisions that we have provided for in the Property Code
Industrial grant, refuse or have by effect the extinction of any
right of intellectual property;
e) The resources of the decisions of the National Institute of Industrial Property, in
process of counterordinance.
2. The competence referred to in the preceding paragraph shall cover the respective incidents and
apensos.
3. The competences referred to in paragraph 1 (e), as well as the competence for
implementation of the respective decisions, fit the judgements of the average or small instance
criminal, depending on the value of the fine, in the comarks in which there is no judgment of
intellectual property.
SUBSECTION VI
Maritime judgements
Article 122.
Competence
1. Compete to the maritime judgements to be aware of the questions concerning:
a) Compensation due for damage caused or suffered by ships, vessels
and other floating ingenders, or resulting from their maritime use, in the
general terms of law;
b) Contracts for construction, repair, purchase and sale of ships, vessels and
other floating engineers, provided that it is intended for maritime use;
55
c) Transport contracts by sea or contract of combined transport or
multimodal;
d) Transport contracts by waterway or by channels, in the limits of Table I
annex to the General Regulation of Capitanies;
e) Contracts for maritime use of ships, vessels and other ingeners
floats, specifically those for charter and financial leasing;
f) Insurance contracts for ships, vessels and other floating ingeners
intended for maritime use and its loads;
g) Mortgages and privileges on ships and vessels, as well as any
real guarantees about floating ingeners and their loads;
h) Special processes concerning vessels, vessels, other floating ingeners
and their loads;
i) Cautionary procedures on ships, vessels and other engineers
floats, respective load and benches and other values pertinent to vessels,
vessels and other floating ingeners, as well as preliminary request to the
captaincy to suss out the outlet of the things that constitute the object of such
procedures;
j) Common avairies or private avairies, including those concerning others
floorings intended for maritime use;
l) Maritime assistance and salvation;
m) Towing contracts and piloting contracts;
n) Removal of debris;
o) Emerging civil liability of pollution from the sea and other waters under its
jurisdiction;
p) Use, loss, find or appropriation of apparatus or gear or of
catching shellfish, molluscs and marine plants, irons, rushes, weapons,
provisions and more objects intended for navigation or fishing, as well as damage
produced or suffered by the same material;
q) Damage caused in the goods of the maritime public domain;
r) Ownership and possession of rice paddies and of things arising from or resulting from the waters
of the sea or existing remains, which lay in the respective soil or subsoil or that
provenham or exist in the inland waters, if you run for maritime interest;
s) Prey;
t) All matters in general about matters of maritime commercial law;
56
u) Appeals of the decisions of the captain of the port rendered in the proceedings of against-
maritime ordering.
2. The competences referred to in the u) of the previous number, as well as the
competence for the implementation of the respective decisions, fit to the average judgements
or small criminal instance, depending on the value of the fine, in the comarks in which
there is no maritime judgement.
SUBSECTION VII
Judge of execution of penalties
Article 123.
Competence
1. Compete to the judgements of the penalties shall exercise jurisdiction in respect of enforcement
of prison sentence, relatively undetermined penalty and safety measure of
internment of inimitables.
2. Compete especially the judgements of the feathers:
a) Grant parole and decide on your revocation;
b) Deciding the internment or suspension of the execution of the prison sentence of
attributable carriers of overcoming psychic abnormality during the execution of the
prison sentence, as well as the respective review;
c) Decide on the modification of the execution of the prison sentence in respect of the
doomed to padee from serious and irreversible disease in terminal phase;
d) Review, extend and re-examine the security measure of internment of
inimitable;
e) Grant the freedom for proof and decide on your revocation;
f) Homologation of the individual readaptation plan of the convict
relatively undetermined and respective modifications;
g) Uttering the dispatch of contumacy declaration and the decrement of the arrest
relatively the doomed that dolly if it has partially eximated to the
execution of a prison sentence, a relatively undetermined penalty or
of a security measure of internment;
h) Declare the extinction of the execution of the prison sentence, of the penalty relatively
undetermined to that of the internment safety measure;
57
i) Deciding on the provision of work in favour of the community or about your
revocation in the case of successive execution of safety measure and penalty
deprivation of liberty;
j) Decide on the provisional cancellation in the criminal record of facts or
decisions in this inscribed;
l) Issue opinion on the grant and decide on the revocation of indulgent, well
how to make your application, and apply amnesty and generic forgiveness whenever
the respective processes meet in the registry, albeit transiently;
m) To inform the offending of the escape or release of the reclusive, in the cases provided for in the n.
3 of Article 480, in Article 482 (2) and in Article 506 of the Code of
Criminal Procedure.
Article 124.
Jurisdiction of the judge
Without prejudice to the jurisdictional functions provided for in the preceding Article, it shall compete with the judge of
execution of the penalties:
a) Visit regularly and whenever it is necessary or convenient the
prison establishments of the respective area of territorial competence, in order
to take notice of the way in which the convictions are being carried out;
b) Appreciate, on the occasion of the visit, the pretensions of the inmates that to the effect if
enrol in a book of their own, listening to the director of the establishment;
c) Know of the resources interposed by the inmates of disciplinary decisions that
apply sanction of internment in disciplinary cell for time greater than eight
days;
d) Grant and revoke prolonged precancerous outputs;
e) Convene and chair the technical council of the establishments, whenever the
understand necessary or the law provides for it;
f) Order the execution of the expulsion incidental penalty, declaring extinction the penalty of
arrest, and determine the early execution of the expulsion incidental penalty;
g) Exercising the remaining powers conferred by law.
SUBSECTION VIII
Judge of enforcement
58
Article 125.
Competence
1. Compete to the enforcement judgements to exercise, in the context of the procedures for the implementation of
cable nature, the competences provided for in the Code of Civil Procedure.
2. Are excluded from the previous number the cases assigned to the family judgements and
minors, labour judgements, trade judgments and maritime judgments and the
executions of sentences handed down by criminal judgment that, under the law
criminal procedure, they should not run in the face of a civil judgment.
3. Compete also to the enforcement judgements to exercise, in the context of the proceedings of
execution by debt of cable expense and fines applied in civil proceedings, the
competences provided for in the Code of Civil Procedure not attributed to the judgements
specialized competence referred to in the preceding paragraph.
SECTION VI
Judgments of specialist jurisdiction in civil and criminal matters
Article 126.
Levels of specialization
1. In each comarch may be set up, in a joint or autonomous manner, judgements of
specialist competence in civil matters and in criminal matter, up to three levels of
specialization, whose determination of competence corresponds to the provisions of the
following articles.
2. The following types of specialist competency judgements may be created, civil or
criminal:
a) Judge of large cable instance;
b) Judgements of major criminal instance,
c) Judgements of average cable instance;
d) Judgements of the average criminal instance;
e) Judgements of small cable instance;
f) Judgements of small criminal instance.
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SUBSECTION I
Judgements of expert competence
Article 127.
Judgment of large cable instance
1. Compete to the large cable instance:
a) The preparation and trial of the declarative actions of higher value than
walk from the court of the Relation in which the law provides for the intervention of the court
collective;
b) Exercise, in the executive actions founded in title that is non-judicial, of value
superior to the remit of the courts of the relationship, the powers provided for in the Code
of Civil Procedure, in constituencies not covered by the competence of another
judgment;
c) The preparation and trial of the cautionary procedures to which they correspond
shares of its competence;
d) Exercising the remaining powers conferred by law.
2. In the Comarcas where there are no family and minor or trade judgments, the willing
in the paragraph a) of the preceding paragraph is extensive to the actions that fall to those judgements.
3. Are remitted to the large cable instance the pending cases in the average judgements
cable instance where a change in the value likely to be determined to be determined
competence.
4. In the large cable instance it competes with the judge of the cause or the judge to whom it is distributed
the process the exercise of the functions provided for in the article 138, with due
adaptations.
Article 128.
Judgements of average cable instance
1. To the judgements of the mean instance it is incumbent on the preparation and trial of the proceedings
of a cable nature not expressly assigned to other courts or judgments.
2. Compete to the mean judgment cible exercise the powers provided for in the
points b) a e) of Article 109 (2), except when the same may fall in the
territorial competence of an existing generic competence judgment in the comarch.
60
3. The judgment of mean cable instance shall be competent for all actions, issues and
procedures that would fit in the jurisdiction of the judges of large and small
cable instance, when there are no other instances of cable specialization in the
comarch.
Article 129.
Cable small instance judgement
It is incumbent upon the small, cable instance to prepare and judge the causable causes to which it matches
the form of the summaries process and the unforeseen civil causes in the Code of
Civil procedure to be matched by special procedure and whose decision is not likely
of ordinary resource.
SUBSECTION II
Judgements of criminal specialist competence
Article 130.
Judgment of major criminal instance
1. Compete to the large criminal instance to provide dispatching pursuant to Articles 311 to
313. of the Code of Criminal Procedure and proceed to trial and to the terms
subsequent in the criminal nature proceedings of the jurisdiction of the court
collective or the jury.
2. The great criminal instance of the comarks of Lisbon, as well as that of Porto has
competence for the trial of strictly military crimes, pursuant to the
Military Code of Justice.
Article 131.
Judgements of average criminal instance
1. To the judgements of the average criminal instance compete:
a) The preparation, the trial and the subsequent terms of the causes crime do not
assigned expressly to other courts or tribunals;
b) In the comarches where there are no other criminal specialization judgements, the
61
practice of the acts which, in that matter, is conferred on the judgments of jurisdiction
generic;
c) In the comarches not covered by the jurisdiction of the Criminal Instruction Judgments,
the practice of the acts referred to in paragraph a) of Article 109 (1);
d) The judgment of the appeals of the decisions of the administrative authorities in
counter-ordering process, save the provisions of the articles 118., 120, 121,
122. and 132.
2. When the judgements of the average criminal instance are assigned the said competence
in the paragraph b) of the previous number, these assume the designation of instance judgements
criminal.
Article 132.
Doomsday of small criminal instance
It is incumbent on the small criminal instance to prepare and judge:
a) Causes to correspond to the form of summary process, abbreviated and
sumptissimo;
b) Resources of the decisions of the administrative authorities in proceedings against-
ordinance, when the value of the fine is equal to or less than € 15,000,
regardless of the applicable ancillary sanction, ressalvated the provisions of the
articles 118., 120, 121 and 122.
SECTION VII
Implementation of decisions
Article 133.
Implementation of decisions
Without prejudice to the jurisdiction of the Enforcement Judgments, the remaining courts of
specialist competence are competent to implement the respective decisions.
SECTION VIII
Natural, collective and jury court
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SUBSECTION I
Natural court
Article 134.
Composition and competence
1. The singular court shall be composed of a judge.
2. Compete to the singular court judge the proceedings that should not be adjudicated by the
collective court or the jury.
SUBSECTION II
Collective court
Article 135.
Composition
1. The collective court is composed of three judges.
2. In the courts of comarch unfolded in judgements of large and medium cable instance or
criminal, the collective court consists of private judges, save if the Council
Superior of the Magistrature, for convenience of service and heard the President of the
court of the comarch, determine diverse composition.
3. In the comarches in which the volume of service advises him and which are indicated in
Decree-law, the collective court consists of two judges in exclusive allocation
to the trial in collective court and by the judge of the proceedings.
4. In the remaining cases, the Superior Council of the Magistrate, heard the President of the
court of the comarch, designates the necessary judges to the constitution of the collective court,
owing the designation to fall in private judge of the same comarch, save manifold
impossibility.
5. The frameworks of the large criminal instance of Lisbon and Porto provide for a judge
military by each branch of the Armed Forces and one from GNR, which they intervene in
terms of the provisions of the Military Code of Justice.
63
Article 136.
Competence
It falls to the collective court to judge:
a) In criminal matters, the processes referred to in Article 14 of the Code of
Criminal Procedure;
b) The de facto issues in the actions of higher value to the remit of the courts of the
Relation and in the incidents and executions that follow the terms of the process of
declaration and to exceed the said remit, without prejudice to cases in which the law of
process excludes your intervention;
c) The issues of law, in the actions in which the law of procedure determines it.
Article 137.
President of the collective court
1. The collective court is chaired:
a) In the Comarcas referred to in Article 135 (3), by one of the judges with
exclusive allocation;
b) In the remaining cases, by the judge of the proceedings.
2. In the cases of the paragraph a) of the previous number, the chairmanlike of the collective courts is
equitably distributed by the judges with exclusive allocation.
3. Compete to the president of the court of comarch carry out the distribution to which he relates
the previous number, heard the respective judges.
Article 138.
Competence of the President
1. Compete to the president of the collective court:
a) Addressing the discussion and trial hearings;
b) To draw up the judgments in the criminal trials;
c) Profer the final sentence in the cable actions;
d) To supply the shortcomings of the sentences and judgments referred to in paragraphs
previous, clarify them, renovate them and sustain them under the laws of
process;
64
e) Organizing the programme of the sessions of the collective court;
f) Exercise the remaining functions assigned by law.
2. Compete still to the president of the collective court the judgment in the case provided for in the
n Article 334 (5) of the Code of Criminal Procedure
SUBSECTION III
Court of the jury
Article 139.
Composition
1. The court of the jury shall be constituted by the president of the collective court, who presides,
by the remaining judges and by jurors.
2. The law regulates the number, recruitment and selection of the jurors.
Article 140.
Competence
1. Compete to the court of the jury to judge the proceedings referred to in Article 13 of the
Code of Criminal Procedure, unless they have for the subject matter of terrorism offences or if
refer to highly organized crime.
2. The intervention of the jury in the trial is defined by the law of process.
SUBSECTION IV
Rural lease
Article 141.
Composition of the court
1. In the actions that have the subject matter of rural lease, they integrate the
court two social judges.
2. Of the social judges, one is recruited from among landlords and another from between tenants.
65
CHAPTER VI
Prosecutor's Office
Article 142.
Prosecutor's Office
1. The Public Prosecutor's Office is represented:
a) In the Supreme Court of Justice, by the Attorney General of the Republic;
b) In the courts of the Relation, by the district attorneys general district and by
attorneys-general-adjuncts;
c) In the judgements of the courts of comarch, by prosecutors of the Republic and by
attorneys-adjoining.
2. In the sedes of judicial districts and the courts referred to in art. 45. of the Statute of the
Judicial Magistrates, passed by Law No. 21/85, of July 30, there are at least
a prosecutor of the Republic.
3. The magistrates referred to in paragraph 1 shall be substituted in the terms of the Statute of the
Prosecutor's Office, approved by Law No 60/88, of August 27.
4. It shall apply to the Public Prosecutor's Office, with the necessary adaptations, the provisions of the n.
2 a to 6 of Article 60 and in Articles 78 and 79.
CHAPTER VII
Judicial Mandants
Article 143.
Lawyers
1. The law assures lawyers of the immunities necessary for the exercise of the mandate and
regulates forensic sponsorship as an essential element to the administration of justice.
2. For the defence of individual rights and guarantees, lawyers may apply for
intervention of the competent courts.
3. The immunity required for the effective performance of the forensic mandate is ensured to the
lawyers for legal recognition and guarantee of effectivation, specifically:
a) From the right to protection of professional secrecy;
b) From the right to the free exercise of sponsorship and to non-sanctioning by practice
66
of acts that conform to the status of the profession;
c) From the right to the special protection of communications with the customer and preservation
of the secrecy of the documentation relating to the exercise of the defence.
Article 144.
Solicitors
The solicitors are auxiliaries of the administration of justice, exercising the mandate
judicial in the cases and with the limitations provided for in the law.
Article 145.
Order of Lawyers and House of Solicitors
1. The Order of Lawyers and the House of Solicitors are entitled to the exclusive use
of installations in the buildings of the judicial tribunals that are reserved by them by the
president, and may through protocol, be defined the apportionment of the charges in
equipment and costs with conservation and maintenance.
2. Judicial mandators are entitled to the exclusive use of facilities which, in view of the
their duties, are intended for them by the president.
CHAPTER VIII
Installation of the Courts
Article 146.
Supreme Court of Justice and Courts of Relation
The installation of the Supreme Court of Justice and the courts of Relation constitutes
direct charge of the State.
CHAPTER IX
Judicial Secretaries
SECTION I
General provisions
67
Article 147.
Secretaries
The expedient of the courts is ensured by secretaries, with the composition and the
competences provided for in this Law and those defined in decree-law.
Article 148.
Composition
1. The secretaries comprise judicial services and services of the Public Prosecutor's Office.
2. The secretaries may still understand administrative services and sections of
external service.
Article 149.
General secretariats
1. In the comarch courts in which the nature and the volume of service justifies it, there is
secretaries with functions of administrative centralization, designated by secretaries-
general.
2. The general secretariats may cover one or more judgments or one or more of the services of the
Prosecutor's Office.
Article 150.
Secretaries of execution
Secretaries with competence may be created for, through officers of justice,
carry out the necessary representations to the procedure of the implementation process.
Article 151.
Time of operation
1. The time of the secretaries is defined by poration of the member of the Government responsible
by the area of justice.
68
2. The secretaries work on Saturdays, on the holidays that recaive on Monday and
on the second day holiday, in case of consecutive holidays, when it is necessary
ensure urgent service.
Article 152.
Entry into the secretaries
1. The entry into the secretaries is vetted to strange people to services.
2. The provisions of the preceding paragraph shall not apply to the judicial mandators.
3. Mediant authorization of the employee who headed the office, is allowed entry to
who, on the grounds of their particular interest in the acts or processes, should be given access.
Article 153.
Tables of staff
The creation or alteration of the staff cadres of the secretaries is done by portaria
joint of the members of the Government responsible for the areas of finance,
Public administration and justice.
SECTION II
Registration and file
Article 154.
Registration of procedural parts and processes
1. The procedural parts and the processes presented in the secretaries are recorded in
own books or in informatics support determined by the Director General of the
Administration of Justice.
2. After registered, the supports in the role of procedural parts and processes only
you may leave the office in the cases expressly provided for in the law and by the
formalities by it established, charging for receipt and averaging the exit.
3. It is privileged the use of electronic means for transmission and treatment of
court documents, and for their disclosure, in the terms of the law, to the citizens.
69
Article 155.
File
1. Considerate finishes for file effects:
a) The civil proceedings, decorated three months after the traffic on trial of the decision
final;
b) The criminal proceedings, decorated three months after the traffic on trial of the decision
absolute or other final non-sentencing decision, of the extinction of the penalty or of the
security measure;
c) The processes in which the instance interruption occurs;
d) The enquiry processes, decorated three months after archiving dispatch;
e) The remaining processes in charge of the Public Prosecutor's Office, as soon as it filled its
end.
2. The proceedings, books and papers enter the court file after the supervision of the
Prosecutor's Office and the brokerage, depending on the cases, of the judge or the magistrate of the
Prosecutor's Office.
Article 156.
Conservation and disposal of documents
The member of the Government responsible for the area of justice defines, by portaria, the regime of
conservation and disposal of documents on file.
Article 157.
Faithful depositaries
1. Employees who head the secretaries, sections and services are faithful custodians
of the archive, values, processes and objects that they relate to.
2. The employees referred to in the preceding paragraph shall confer the inventory after
accept the respective post.
70
Article 158.
Use of informatics
Informatics is used for the processing of data relating to the management of the courts
judicial, procedural and file, with respect to the provisions
constitutional and legal in force.
CHAPTER X
Legislative amendments
SECTION I
Amendments to the Code of Civil Procedure
Article 159.
Code of Civil Procedure
Articles 65, 65-A, 67, 122, 164, 177, 210, 239, 239, 239, 239, 239, 239, 239, 239
248, 249, 251, 474, 509, 574, 584, 808, 808, 808, 808, 808 and 1352 of the
Code of Civil Procedure, approved by the Decree-Law No. 44,129 of December 28 of
1961, in the wording given by the Decrees-Leis n. 47690 of May 11, 1967, and
323/70, of July 11, by the Portaria No. 439/74 of July 10 by the Decrees-Laws
n. ºs 261/75, May 27, 165/76, March 1, 201/76, March 19, 366/76, of
May 5, 605/76, of July 24, 738/76, October 16, 368/77, September 3,
and 533/77, of December 30, by Law No. 21/78, of May 3, by the Decrees-Laws n.
513-X/79, of December 27, 207/80, of July 1, 457/80, of October 10, 400/82,
of September 23, 242/85, of July 9, 381-A/85, of September 28, and 177/86, of 2
of July, by Law No. 31/86 of August 29, by the Decrees-Laws 92/88, 17 of
March, 321-B/90, of October 15, 211/91, of July 14, 132/93, of April 23,
227/94, of September 8, 39/95, of February 15, 329-A/95, of December 12,
180/96, of September 25, 375-A/99, of September 20, and 183/2000, of August 10,
by Law No. 30-D/2000 of December 20 by the Decrees-Leis n. ºs 272/2001, 13
of October, and 323/2001, of December 17, by Law No. 13/2002 of February 19, and
by the Decrees-Leis n. ºs 38/2003, March 8, 105/2003, December 10,
199/2003, of September 10, 324/2003, of December 27, 53/2004, March 18
71
and 76-A/2006, of March 29, by the Laws No. 6/2006 of February 27, para. 14/2006, of
April 26 and No 53-A/2006 of December 29, and by the Decrees-Leis n. ºs 8/2007 of
January 17, 303/2007, of August 24, and 34/2008, of February 26, go on
following wording:
" Article 65.
[...]
1. Without prejudice to what it is found to be established in regulations
community and other international instruments, the courts
Portuguese are internationally competent:
a) [ Repealed ].
b) When the action can be proposed in Portuguese court second
the rules of territorial competence set out in Portuguese law;
c) [ Repealed ].
d) When the invoked right cannot become effective but by
means of action proposed in Portuguese territory or check to
the author difficulty appreciable in the purposeful of the action in the
foreign, provided that between the subject matter of the dispute and the legal order
portuguese there is a ponderous element of connection, personnel or
real.
2. [ Revoked ] .
Article 65-The
[...]
Portuguese courts are exclusively competent:
a) In cases provided for in community regulations or in other
international instruments;
b) For executions on immovable property located in Portuguese territory;
c) [Previous point (a)];
d) [Previous point (b)];
e) [previous Article (c)];
f) [Previous point (d)].
72
Article 67.
[...]
The laws of judicial organization determine which causes, on the grounds of
matter or form of proceedings, are the jurisdiction of the judgments of the courts
judicial endowed with specialized competence.
Article 90.
[...]
1-[...].
2-[...].
3-A The execution runs by apenso, except when, in comarch with
specific executive competence, the sentence there will be handed down by judgment of
specialized competence skeptical or generic competence and when the
process has meanwhile risen in appeal, cases where it runs on the backside,
without prejudice to the possibility of the judge of the execution power, if he understands
convenient, aping to the execution the already finite process.
Article 122.
[...]
1-[...].
2-The impediment of the point d) from the previous number only occurs when the
mandatary has already begun to exercise the mandate at the time the judge was
placed in the respective judgement; in the inverse hypothesis, it is the mandatary who is
inhibited from exercising the sponsorship.
3-In judgements where there is more than one judge or before the higher courts
may not be admitted as a judicial representative to the spouse, relative or afim
in a straight line or in the second degree of the collateral line of the judge, as well as the
person who with him lives in common economics, who by virtue of the
distribution, there will be to intervene in the trial of the cause; but, if that person already
has required or alleged in the process at the time of the distribution, is the judge who
gets barred.
73
Article 162.
[...]
1-The officials of the secretaries of the Supreme Court of Justice, das
Relations and any other courts whose area of jurisdiction covers the
district or the judicial comarch can practice directly the acts that
they shall be entrusted in the entire area of jurisdiction of the respective court or judgment,
when the area of jurisdiction of this is higher than that of the court in which it is
entered.
2-[...].
Article 164.
[...]
1-[...].
2-[...]
3-When acts are practiced by electronic means, the provisions of the
n. 1 does not apply to acts of officials who are limited to proceeding with a
internal communication or refer the case back to the judge, Public Prosecutor's Office
or other secretarship or section of the same court.
Article 177.
[...]
1-The precatory letters are addressed to the judgment in whose jurisdictional area the
act must be practiced.
2-When the letter has the object of the practice of act concerning the procedure
outstanding in specialist competence judgement and the place where it should carry out-
coinced with the jurisdictional area with identical competence
material, already installed, is the letter to this directed.
3-A The possibility arising from the statuary in Article 162 shall not preclude the
dispatch of the letter, whenever it deals with act to be carried out outside the area of
jurisdiction of the judgment but still in the area of jurisdiction of the court where it is
74
inserted the judgment.
4-A The possibility arising from the statuary in Article 162 shall not preclude
also to the dispatch of the letter, where it deals with the act to be carried out outside the
area of the court comarch where the doomsday is inserted, but still in the area of
jurisdiction of the judgment, whenever the judge understands it necessary.
5-When it is recognized that the act should be practiced in a diverse place of the
indicated in the letter, must this be fulfilled by the judgment of that place.
6-For the effects of the preceding paragraph, shall the judgment, to which the letter was
directed, remetallate it to what there is to be complied with, communicating the fact to the judgement
that expedasked her.
Article 210.
[...]
1-[...].
2-The divergences resulting from the distribution that fend between judges of the
same comark on the designation of the judgment in which the process is-from running
are resolved by the president of the comarch court, observing process
similar to that set out in Articles 117 and following.
Article 222.
[...]
In the distribution there are the following species:
1. Ordinary process actions;
2. Summary Process Actions;
3. Summary process actions and special actions for compliance with
emerging pecuniary obligations of contracts;
4. Special process actions;
5 Th Divorce and litigation separation;
6 th common Executions that, not being at the expense, fines or other amounts
Counted, do not come from proposed actions in the judgment;
7 th Executions for expense, fines, or other amounts counted, executions
specials for food and other executions that do not come from shares
75
proposals in the judgment;
8. Inventories;
9. Special insolvency Processes;
10. Precatory or rogatory Letters, resources of conservatives, notaries and
other officials, complaints about the reform of books from the conservatives
and any other unclassified papers.
Article 235.
[...]
1-The act of citation implies the shipment or delivery by quoting from the duplicate of the
initial petition and the copy of the accompanying documents, communicating-
if-you are quoted for the action to which the duplicate refers, and indicating
the court, judgment and section by where it runs the proceedings, if there has already been
distribution.
2-[...].
Article 239.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-A citation is made by judicial clerk, in the terms of the numbers
previous, duly adapted, when the author declars, in the initial petition,
which thus intends, paying for the effect the rate fixed in the Regulation of the
Procedural Costs, as well as when there is no order solicitor
enrolled in comarch of the judicial district to which the court belongs.
9-[...].
10-[...].
76
Article 248.
[...]
1-[...].
2-Act three editals, one at the door of the doomsday, another at the door of the house of the
last residence that quoting him had in the country and another at the door of the headquarters of the
respective freguish joint.
3-[...].
4-[...].
5-[...].
Article 249.
[...]
1-In the editations will individualise the action to which the absent is cited,
indicating who has proposed it and what it is, in substance, the author's request; in addition
of this, shall be designated by the court and their judgement and section in which the case
runs, the dilation, the deadline for the defense and the comination, explaining that the
deadline for the defence only starts to run after fining the dilation and that this se
account of the publication of the last announcement or, where there is no place for advertisements, of the
date of the affixing of the editations, which of these are then.
2-[...].
Article 251.
[...]
The edital citation determined by the uncertainty of the people to quote is made in the
terms of the articles 248 to 250 with the following modifications:
1. It will affix a single edict at the doomsday door, save if the uncertain are
cited as heirlooms or representatives of deceased person, because in this
case are also affixed editais on the door of the house of the last residence of the
deceased and at the door of the headquarters of the respective freguish board, if they are
known and in the Country;
77
2. Announcements are published in one of the journals, regional or
national, more read at the headquarters of the comarch.
Article 467.
[...]
1. In the petition, with which it proposes the action, it should the author:
a) Designate the court and respective judgment in which the action is proposed and
identify the parties, indicating their names, domiciles or sedes and,
where possible, civil identification and identification numbers
tax, occupations and places of work;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
2. [...].
3. [...].
4. [...].
5. [...].
6. For the purpose of the paragraph g) of paragraph 1, the author assigns solicitor of execution
inscribed in the comarch or in comarch limitrofe or, in its absence, in another
comarch of the same judicial district, without prejudice to the provisions of paragraph 8 of the
article 239 para.
7. [...].
8. [...].
Article 474.
[...]
The Registry would refuse the receipt of the initial petition stating in writing the
foundation of the rejection, when any of the following facts occur:
a) Have no address or are addressed to another court, judgment of the
78
same court or authority;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...].
Article 509.
[...]
1-[...].
2-The parties are notified to appear in person or if they do
represent by judicial representative with special powers, when they reside in the
area of the judicial comarch, or on the respective island, dealing with the regions
autonomous, or when, therein not residing, the nonrepressive comparency
considerable sacrifice, attentive to nature and the value of the cause and the distance from the
travel.
3-[...].
4-[...].
Article 556.
[...]
1-[...].
2-The regime of providing affidavits through a planned teleconference
in Article 623 shall apply to the Parties residing outside the comarch, or of the
respective island, in the case of the Autonomous Regions.
3-[...].
79
Article 574.
[...]
1-[...].
2-[...].
3-When the due diligence has to be carried out by letter, the appointment of the experts
may take place in the deprecated judgement.
Article 584.
[...]
1-[...].
2-When the person concerned is residing outside the area of the comarch and the displacement
represent disproportionate sacrifice, exclaim to precatory letter,
accompanied by a lacquered paper, containing the indication of the words that the
notified there is-of writing in the presence of the deprecated judge.
Article 623.
[...]
1-The resident witnesses outside the comarch, or the respective island, in the case
of the Autonomous Regions, are presented by the Parties, pursuant to paragraph 2 of the
article 628, when these so have declared it upon their
offer, or are heard by teleconference at the hearing itself and the
from the court of the comarch of the area of your residence.
2-[...].
3-On the day of the respondent, the witness identifies himself to the employee
judicial of the judgment where the testimony is provided, but from that time the
respondent is carried out in the face of the judgment of the cause and the mandators of the parties,
via teleconference, with no need for intervention by the judge of the judgment where the
testimony is provided.
4-[...].
5-[...].
80
Article 808.
[...]
1. [...].
2. Execution agent roles are performed by solicitor of
execution, designated, by the exequent or the Registrar, from among those enrolled
in the comarch and the boreal comarches, or, failing that, from among those enrolled
in another comarch of the same judicial district; there is no solicitor of
execution inscribed in the district or occurring another cause of impossibility, are
these functions, with the exception of those specifically assigned to the solicitor of
execution, performed by bail-out officer, determined by the
rules of distribution.
3. [...].
4. [...].
5. [...].
6. [...].
7. [...].
Article 1352.
[...]
1. [...].
2. [...].
3. [...].
4. The direct stakeholders in the sharing that are residing in the district area are
notified with obligation to personal comparisons, or to do so
represent under the terms of paragraph 2, under comination of fine.
5. [...]. "
SECTION II
Amendments to the Code of Criminal Procedure
81
Article 160.
Code of Criminal Procedure
Articles 318 and 426 of the Code of Criminal Procedure, approved by the Decree-Law n.
78/87, of February 17, in the wording given by Law No. 17/87 of June 1 by the
Decrees-Law n. the
387-E/87, of December 29, 212/89, of June 30, 17/91, of 10
of January, 57/91, of August 13, by Law No. 57/91, of August 13, by the Decrees-
Laws No 423/91, of October 30, 343/93, of October 1, and 317/95, of 28 of
November, by the Leis n. the
59/98, of August 25, 3/99, of January 13, 7/2000, of 27
of May, and 30-E/2000, of December 20, by the Decree-Law No. 320-C/2000 of 15 of
December, by Law No. 52/2003, of August 22, by the Decree-Law No. 324/2003, of 27
of December, by the Organic Law No. 2/2004 of May 12, by Law No. 48/2007, of 29
of August, and by the Decree-Law No. 34/2008 of February 26, they go on to have the following
wording:
" Article 318.
[...]
1. Exceptionally, the making of statements to the assistant, to the civil parties, to the
witnesses, experts or technical consultants may, officiously or at
application, not be provided presentially, and may be requested by the
chair to the judge of another comarch, by appropriate means of communication, in the
terms of Article 111, if:
a) Those people reside outside the judicial district.
b) [...];
c) [...].
2. [...].
3. [...].
4. [...].
5. [...].
6. [...].
7. [...].
82
Article 426-The
[...]
1. [...].
2. When in the same comarch there is more than one judgement of the same category and
composition, the trial competes in the court that results from the distribution. "
SECTION III
Amendments to the Statute of Judicial Magistrates
Article 161.
Status of Judicial Magistrates
Articles 7, 8, 28, 42, 44, 45, 45, 59, 61, 138, 138, 138, 138, 138, 138, 138, 138.
149. and 158 of the Statute of Judicial Magistrates, passed by Law No. 21/85, of 30
of July, in the wording given by the Decree-Law No. 342/88 of September 28 and by the Laws
n. os
2/90, of January 20, 10/94, of May 5, 44/96, of September 3, 81/98, of 3 of
December, 143/99, of August 31, 3-B/2000, of April 4, and 42/2005, of 29 of
August, shall be replaced by the following:
" Article 7.
[...]
It is vetted to judicial magistrates:
a) Perform duties in judgment in which they serve judges of law,
magistrates of the Public Prosecutor's Office or officials of justice, to which
are connected by marriage or union in fact, kinship or
affinity to any degree of the straight line or up to the 2. degree of the line
collateral;
b) Serve in court belonging to the judicial comarch in which, in the
last five years, have played Ministry functions
Public or that they belong to the judicial comarch in which, in equal
period, have had a lawyer's office;
c) [ Repealed ].
83
Article 8.
[...]
1. Judicial magistrates have a necessary domicile in the seat of judgment where
carry out duties, and may, however, reside at any point in the comarch
judicial, provided that there is no inconvenience to the exercise of duties.
2. [...].
3. [...].
Article 28-The
[...]
1. The organization of annual holiday maps competes:
a) To the President of the Supreme Court of Justice, with regard to the
judicial magistrates of the respective court;
b) To the President of the Court of Relation, with regard to magistrates
judicial of the respective court;
c) To the President of the Court of Comarch, with regard to magistrates
judicial of the respective court.
2. With a view to ensuring the smooth functioning of the courts, the maps to
referring to the preceding paragraph are referred to the Higher Council of the
Judicial magistrate accompanied by the opinion of the Chairpersons referred to
corresponding harmonisation with the proposed annual holiday maps
for the magistrates of the Prosecutor's Office and for the officials of
justice of the respective court.
3. [...].
4. The map referred to in this Article shall be drawn up in accordance with
model defined and approved by the Superior Council of Magistrate,
in this referencing, for each magistrate, the court or judgment in which
provides functions, the period or periods of holiday marked and the magistrate
substitute, observing the replacement scheme provided for in the law in the
cases in which this is not indicated.
5. [...].
84
Article 34.
[...]
1. The classification shall meet the way in which the Law Judges
play the function, volume, difficulty and management of the service to its
job title, the ability to simplify the procedural acts, the conditions of
work provided, to their technical preparation, intellectual category, exercise
of duties as a trainer of the auditors of justice, legal work
published and idoneity.
2. [...].
Article 42.
[...]
1. [...].
2. The judges are appointed to the court of comarch and, addressing
court of first instance, are affections to one of the judges integrated there.
3. When appointed for the first time, judges are integrated in places of
first access.
Article 43.
[...]
1. Law judges can be transferred at their request when decorated
three years on the date of the deliberation that has appointed them to the post
previous.
2. [ Previous Article No 3 ].
3. [ Previous Article No 4 ].
4. Without prejudice to the provisions of the preceding paragraphs, they may be authorised, the
exceptional title, exchants that do not harm the service and rights of
third parties, on equal terms and charges, ensuring the
Superior Council of the Magistrature the enunciation of the applicable criteria.
5. The time limit referred to in paragraph 1 shall not apply in the cases of the provement in new
85
places created.
Article 44.
[...]
1. The placement of law judges shall be made with prevalence of the
needs for service and minimum injury to personal and family life
of those interested.
2. The provement of seats in specialist competence judgements depends
from:
a) Frequency of training course in the respective area of
specialization;
b) Obtaining the title of master or Doctor of Law in the respective
area of specialization; or
c) Prior exercise of duties, for at least three years, in the
respective area of expertise.
3. When only check the constant condition of the point c) of the number
previous, the magistrate attends training course on the respective area
of specialization, within two years.
4. [Previous n. 3].
5. [Previous n. 4].
6. [Previous n. 5].
Article 45.
Appointment for specialized instances
1. The Judges placed in the specialized instances referred to in the figures
2 and 3 are appointed, meeting the conditions referred to therein, from among judges
of law with more than 10 years of service and with classification not
lower than Good with Distinction .
2. The provisions of the preceding paragraph shall apply to the following instances
specialized:
2. Judgment of Great Cable Instance;
3. Judgment of Great Criminal Instance;
86
4. Judgment of Family and Minors;
5. Judgment of Work;
6. Judgment of execution;
7. Judgment of Commerce;
8. Maritime Judgment;
9. Criminal Instruction Judgment;
10. Execution Judgment of Penas.
3. When you proceed to the creation of new instances of specialization, you can
be extended the scope of the previous number, heard the Higher Council
of Magistrature and the Attorney General of the Republic, by decree-law.
4. In the absence of law judges with the constant requirements of the number
previous, the place is propped interinely, applying the provisions of paragraph 4
of the previous article.
5. In the event of the provement carried out in the terms of the preceding paragraph, the place
is put to tender every two years, in the judicial movements,
although it may, during that period, be required by the interim magistrate
his appointment, provided that he meets the required legal requirements.
Article 45-The
Equiparation
The appointment of judges in exclusive assignment to the trial by court
collective obeys the provisions of paragraph 1 of the previous article, by staying these
similar to the judges referred to therein, for remunerative purposes.
Article 59.
[...]
1. The possession must be taken personally and in the court where the magistrate goes
exercise functions.
2. [...].
3. [...].
87
Article 61.
[...]
1. Judicial magistrates provide commitment of honour and take possession:
a) [...];
b) [...];
c) The judges of law, before the president of the comarch court.
2. [...].
Article 71.
[...]
3. The magistrates suspend their duties:
a) On the day on which they are notified of the pronunciation dispatch or the
dispatch that designates day for trial for felony felony
practiced in the exercise of their duties;
b) [...];
c) [...];
d) [...].
4. Out of the cases referred to in paragraph (a) of the preceding paragraph, the suspension by
practice of felony felony by virtue of the day designation for trial,
becomes dependent on decision of the Superior Council of Magistrature.
Article 138.
[...]
1. [...].
2. [...].
3. The Registrar shall earn the salary corresponding to the judges referred to in the
article 45 para.
88
Article 149.
[...]
It is incumbent on the Superior Council of Magistrates:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) Changing the distribution of processes in judgments with more than one section, in order to
to ensure the equalisation and operationality of the services;
i) [...];
j) [...];
l) [...];
m) [...];
n) Nominate the judge chair of the comarch courts.
Article 158.
[...]
1-[...]:
2-[...].
3-The competences referred to in points c) and d) in paragraph 1 are exercised by
delegation of the Higher Council of the Magistrature, with respect to the court
of the comarch, by the respective president, without prejudice to the right to the appeal. "
Article 162.
Addition to the Statute of Judicial Magistrates
The following article is added to the Statute of Judicial Magistrates:
89
" Article 10-B
Continuous training
1. Judicial magistrates in office of duties have the right and the duty
to participate in continuing education actions, ensured by the Centre
of Judicial Studies, in collaboration with the Superior Council of
Judgeship.
2. Judicial magistrates in office of duties shall participate
annually in at least two continuing education actions.
3. The frequency and harnessing of judicial magistrates in the actions of
continuing education shall be taken into account for the purposes of the provisions of paragraph 1 of the
article 37 "
SECTION IV
Amendments to the Status of Magistrates of the Public Prosecutor's Office
Article 163.
Status of the Magistrates of the Public Ministry
Articles 58, 60, 61, 73, 83, 83 and 107 of the Statute of the Magistrates of the
Prosecutor's Office, approved by Law No 60/88 of August 27, in the wording given by the
Law No 2/90 of January 20 shall be replaced by the following:
" Article 58.
[...]
1. Compete to the district attorney general:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) Proceed to the distribution of service among the procurators of the Republic of
90
same comarch or judicial district, without prejudice to the provisions of the law of the
process;
h) [...];
i) [...].
2. [...].
3. [...].
Article 60.
[...]
1. In the comarches seat of judicial district there are Prosecutors of the Republic.
2. In each district, there may be more than one Attorney's Office of the Republic.
3. [...].
4. [...].
Article 61.
[...]
It is especially incumbent upon the Prosecutors of the Republic to direct, coordinate and scrutinize the
activity of the prosecutor's office in the area of the respective judicial district or in the courts
and departments in which they superintend.
Article 63.
[...]
1. [...].
2. [...].
3. [...].
4. In the event of accumulation of service, vacancy of the place or impediment of your
holder, for a period of more than 15 days, district attorneys general may,
upon prior communication to the Higher Council of the Public Prosecutor's Office,
ascribe to the procurators of the Republic the service of other comarks, courts
or departments.
5. [...].
91
6. [...].
Article 65.
[...]
1. [...].
2. If the lack or hindrance is not more than 15 days, the Attorney of the Republic
may indicate to the replacement another deputy attorney of the same district.
3. [...].
4. [...].
5. [...].
6. [...].
Article 73.
[...]
1. Compete to the Departments of Research and Penal Action in the headquarters comarks
of the judicial district:
a) [...];
b) Directing the inquiry and carrying out criminal action in relation to the crimes indicated
in Article 47 (1), when criminal activity occurs in comarcas
belonging to the same judicial district;
c) [...].
2. [...].
Article 83.
[...]
1. [...].
2. Magistrates of the Public Prosecutor's Office cannot serve in court or
department belonging to the judicial comarch in which, in the last five years,
have had a lawyer's office.
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Article 107.
[...]
1. The magistrates of the Public Prosecutor's Office are especially entitled:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) To free access, on the whole of national territory, to collective transport
terrestrial, river and maritime, while in service mission as
judicial authorities in the framework of criminal investigation, if properly
identified;
g) [Previous point (f)];
h) [Previous point (g)];
i) [Previous point (h)];
j) [Previous point (i)].
2. [...].
3. [...].
4. [...]. "
SECTION V
Other legislative changes
Article 164.
Law No. 36/2003 of March 5
Article 40 of the Industrial Property Code, approved by the Decree-Law n.
36/2003, of March 5, in the wording given by the Decrees-Leis n. ºs 318/2007, 26 of
September, and 360/2007, of November 2, is replaced by the following:
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" Article 40.
Competent court
1. For the resources provided for in the preceding Article shall be competent the judgment of
intellectual property.
2. Should there be no intellectual property judgement in the comarch or the district
in which the respective comarch integrates, is competent the judgment of trade,
the provisions of the following number being applicable.
3. In case there is no trade judgment in the comarch is competent the judgment of
trade of the District seat comarch or, not to have, what to exist in the
district of the respective comarch; there is no trade judgment in the district, it is
subsidiary competent the trade judgment of the court of the comarch of
Lisbon.
4. [Previous n. 2] . "
Article 165.
Law No. 18/2003 of June 11
Articles 50, 52, 54 and 55 of the Act No 18/2003 of June 11 approving the
Legal Competition Regime, in the wording given by the Decrees-Laws No 219/2006,
of November 2, and 18/2008, of January 29, shall be replaced by the following:
" Article 50.
[...]
1. Of the decisions rendered by the Authority determining the application of
fines or other penalties provided for in the Act shall be recourse to the judgment of
trade of the respective comarch, with suspensive effect.
2. In case there is no trade judgment in the comarch is competent the judgment of
trade of the district headquarters comarch or, not happening, what to exist in the
district of the respective comarch; there is no trade judgment in the district,
is otherwise a subsidiary competent the trade judgment of the court of
comarch of Lisbon.
3. [ Previous Article No 2 ].
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Article 52.
[...]
1. The decisions of the judgment of trade that admit appeal, in the terms
provided for in the general regime of the illicit mere social ordinance, are
challenging together with the Court of Relation, which decides in last
instance.
2. Of the judgments delivered by the Court of Relation is not an appeal
ordinary.
Article 54.
[...]
1. Of the decisions of the Authority handed down in administrative procedures
referred to in this Law, as well as of the ministerial decision provided for
in Article 34 of the Decree-Law No. 10/2003 of January 18, it is up to appeal
for the judgment of trade, to be tramped as administrative action
special.
2. Should there be no judgment of Commerce in the comarch it is competent the judgment of
trade of the district headquarters comarch or, not happening, what to exist in the
district of the respective comarch; there is no trade judgment in the district,
is otherwise a subsidiary competent the trade judgment of the court of
comarch of Lisbon.
3. [Previous n. 2].
Article 55.
[...]
1. Of the decisions rendered by the judgment of trade in the shares
administrative referred to in this section is an appeal
jurisdictional for the court of the Relation and of this, limited to the matter of
right, to the Supreme Court of Justice.
2. [...]. "
95
Article 166.
Law No. 2/90 of January 20
The references made in map I annexed to Law No 2/90 of January 20, of which it is a part
member, circle judge or equate judge understand as saying respect to judge
placed in specialized or equated instances.
Article 167.
Naming updates
1. The reference made to the category of circle judge, constant of any diploma,
understand yourself as saying respect to the judge in exclusive assignment to the trial
by collective court.
2. All references made to the court or court of comarch, in provisions
legal or regulatory, understand yourself as saying respect also to the judgement,
where this result is necessary by virtue of this Law.
CHAPTER XI
Transitional and Final Provisions
SECTION I
Transitional provisions
SUBSECTION I
Experimental regime
Article 168.
Experimental period
1. This Law shall apply for experimental title, until August 31, 2010, at
comarcas Alentejo Litoral, Baixo-Vouga and Greater Lisbon Northwest, pursuant to the
conformation given by map II annexed to this Law, of which it is an integral part, which
operate in a pilot-pilot scheme.
96
2. The installation and operation of the pilot comarcass referred to in the preceding paragraph shall be
defined by decree-law to be published within 60 days after the publication of the present
law.
3. In annex to the decree-law referred to in the preceding paragraph, a map is published which
contains the identification of the seats of the respective comarch court of the comarcas-
pilot, as well as the definition of the judgements of these constem.
Article 169.
Evaluation report
1. Six months before the expiry of the trial period, it is drawn up by the Ministry of
Justice a report evaluating the impact of the application of this Law to
comarcas-pilot.
2. During the drafting of the evaluation report are heard the Higher Council of
Magistrate, the Superior Council of the Public Prosecutor's Office, the Order of Lawyers, the
House of Solicitors and the Council of the Officers of Justice.
Article 170.
Distribution of processes
The fate of pending lawsuits in courts or judgments that lose competence
territorial in the face of the installation of the pilot comarches is fixed in the decree-law referred to in the
n Article 168 (1)
SUBSECTION II
Other transitional provisions
Article 171.
Territorial competence of the courts of Relation
The territorial competence of the courts of the Relation, as defined in the Decree-Law n.
186-A/99, of May 31, remains in force until August 31, 2010.
97
Article 172.
Courts of specialized competence
The specialized jurisdiction courts existing at the time of the entry into force of the
present law for the entire national territory assume the designation of judgements.
Article 173.
Presidency of the higher courts
The provisions of Article 51 (1) shall apply only to the mandates that are initiated from
of the date of entry into force of this Law.
Article 174.
Appointment of the president of the court of comarch
Until the approval of the porterium referred to in Article 91 (2), the President of the
court of comarch is appointed from among law judges who own 10 years of
effective service in the courts or disembargoer judges, with non-inferior classification
a Good with distinction , preference being given to magistrates who possess training in the
area of management.
Article 175.
Appointment of the administrator of the court of comarch
Until the approval of the porterie referred to in Article 95 (3), the appointment of the
court administrator does not depend on the requirement referred to in Article 94, being given
preference for candidates who possess training in the area of management.
Article 176.
Remuneration of magistrates
1. From the application of this Law, no decrease in the remunerative level may occur
current of any magistrate, while not being transferred from the judgment or court where
find yourself to perform duties.
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2. The provisions of the preceding paragraph shall apply to the Judges of Law providable
internly in the places of judges of judicial circle and in instances of
specialization.
Article 177.
Installation of courts
As long as the State does not dispose of suitable buildings, the installation of
court tribunals in real estate or parts of real estate owned by local authorities, in
regimen of gratuitousness.
SECTION III
Final provisions
Article 178.
Proofing of the seats of judge in exclusive allocation
1. Without prejudice to the provisions of the following article, the circle judges or equiped persons who
meet the legally required requirements have absolute preference in the first
provement of seats of judge in exclusive assignment to trial by court
collective.
2. The precept in the preceding paragraph shall apply to the first seating of seats in the
comedles seated in the area of the extinct court circles.
Article 179.
Contravential competence
The provisions of this Law shall not prejudice the competence in respect of
contraventional assigned previously to the courts.
Article 180.
Supplementary standards
1. This Law is regulated by decree-law to be published within 60 days after the
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your publication.
2. References to the approval of decree-law in Articles 20, 22, 23, 30, 74, 74, 74.
78, paragraph 4 of Article 82, para. the
3 and 6 of Article 83 (3) of Article 90 (3) of the article
94, Articles 109, 135 and 147 consider themselves to be made to the decree-law referred to in the
previous number.
3. The portaries referred to in Article 16, 47, in Article 79 (3), paragraph 4 of the article
83., in Article 91 (2), Article 95 (3), Article 151 (1), in the article
153. and in Article 156 are published within 60 days after the publication of the
present law.
4. Until August 31, 2010, it is approved, by decree-law, the map of territorial division
containing the composition by judgements of the courts of comarch of the whole territory
national, as map III annexed to this Law, of which it will form an integral part.
Article 181.
Deliberations of the Superior Council of Magistrate
Within the framework of its competence, the Superior Council of the Magistrature takes the
deliberations necessary for the implementation of this Law and its supplementary standards.
Article 182.
Abrogation standard
They are revoked:
a) The points a) and c) of Article 65º (1) and Article 65º (2) and Article 69 of the Code of
Civil procedure, approved by the Decree-Law No. 44,129 of December 28 of
1961;
b) Point c) of Article 7 of the Statute of Judicial Magistrates, passed by the Law
n. 21/85 of July 30;
c) The Act No. 3/99 of January 13;
d) The Decree-Law No 186-A/99 of May 31;
e) The Decree-Law No. 176/2000 of August 9.
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Article 183.
Entry into force
1. This Law shall come into force on the first working day of the judicial year following that of its
publication, being only applicable to the pilot comarcass referred to in Article 1 (1)
168.
2. The application of this Law to the pilot comarcass referred to in Article 168 (1) is
subject to an experimental period with term of August 31, 2010.
3. As of September 1, 2010, taking into account the assessment referred to in the article
169, the present law applies to the whole of the national territory.
4. The maps annexed to this Law shall only enter into force as of September 1.
2010, save with respect to map II annexed to this Law, of which it is a part
member, which comes into force for the pilot comarcass on the first working day of the year
judicial following to that of their publication.
Seen and approved in Council of Ministers of March 12, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
101
ANNEX I
MAP I
Judicial Districts
Judicial district of the North
Headquarters: Porto.
Constituencies:
Alto Tâmega, High-Trás-os-Montes, Ave, Low Tâmega-North, Low Tâmega-South,
Coughed, Between Douro and Vouga, Great Port-North, Greater Port-South, Medium
Douro, Minho-Lima, Porto and Trás-os-Montes.
Judicial district of the Centre
Headquarters: Coimbra.
Constituencies:
Low Mondego-Interior, Low Mondego-Coastline, Low Vouga, Northern Inner Edge,
Southern Interior, Cove of the Beira, Dam-Lafões, Serra da Estrela, and Pinhal Litoral.
Judicial district of Lisbon and Vale do Tejo
Headquarters: Lisbon.
Constituencies:
Açores-Angra do Heroism, Sugar-Ponta Delgada, Great Lisboa-West, Large
Lisboa-Este, Greater Lisboa-Northwest, Lisbon, Tejo Lezria, Wood, Medium
Tejo, West and the Peninsula of Setúbal.
Judicial District of the Alentejo
Headquarters: Évora.
Constituencies:
Central Alentejo, Alentejo Coastline, High Alentejo, Low Alentejo.
Judicial District of the Algarve
Headquarters: Faro.
Constituencies:
Barlavento Algarvio and Sotavento Algarvio.
102
ANNEX II
MAP II
Comarcas
Açores-Angra of Heroism
Judicial district: Lisbon and Vale do Tejo.
Circumscription:
Municipalities: Calheta (St. George), Angra do Heroism, Corvo, Horta, Lages of the Flores,
Lages of the Peak, Madalena, Holy Cross of the Flores, Holy Cross of the Graciosa, Saint
Roque of the Peak, Velas and Villa da Praia da Victoria.
Açtes-Ponta Delgada
Judicial district: Lisbon and Vale do Tejo.
Circumscription:
Municipalities: Lagoon, Northeast, Tip Delgada, Settlement, Large Riverside, Village of the
Port and Vila Franca of the Field.
Central Alentejo
Judicial district: Alentejo.
Circumscription:
Municipalities: Alandroal, Arraiolos, Borba, Estremoz, Évora, Montemor-o-Novo,
Mourão, Portel, Redondo, Reguengos of Monsaraz, Sousel, Sales New, Viana
of the Alentejo and Vila Viçosa.
Alentejo Litoral
Judicial district: Alentejo.
Circumscription:
Municipalities: Alcácer do Sal, Grândola, Odemira, Santiago do Cacém and Sines.
High Alentejo
Judicial district: Alentejo.
Circumscription:
103
Municipalities: Alter of the floor, arronches, Avis, Larger Field, Vide Castle, Crato,
Elvas, Border, Gairplane, Mora, Marvain, Monforte, Nisa, Bridge of Sor and Portalegre.
High Tâmega
Judicial district: North.
Circumscription:
Municipalities: Botactics, Chaves, Montalegre, Ribeira de Pena, Valpains and Vila Little de
Aguiar.
High Back-os-Montes
Judicial district: North.
Circumscription: Bragança, Vimioso, Vinhais, Mirando of the Douro, Macedo of Horsemen,
Mogadouro.
Hail
Judicial district: North.
Circumscription:
Municipalities: Basto's Cables, Fafe, Guimarães, Basto Mondim, Pole de
Lanky, Vieira do Minho, Vila Nova de Famalicão and Vizela.
Low Alentejo
Judicial district: Alentejo.
Circumscription:
Municipalities: Aljustrel, Almodôvar, Alvito, Barrancos, Beja, Castro Verde, Cuba,
Ferreira do Alentejo, Mértola, Moura, Ourique, Serpa and Vidigueira.
Low Mondego-Coastline:
Judicial district: Center.
Circumscription:
Municipalities: Cantanhede, Coimbra, Conlet-a-Nova, Figueira da Foz, Mealhada,
Mira, Montemor-o-Old, Mortagua, Penacova and Soure.
104
Low Mondego-Interior:
Judicial district: Center.
Circumscription:
Municipalities: Ansión, Arganil, Castanheira de Pêra, Figueiró dos Vinhos, Guns, Lousã,
Miranda do Corvo, Pampilhosa da Serra, Oliveira of the Hospital, Pedrógão Grande,
Penela, Tábua and Vila Nova de Poiares.
Low Tâmega-North
Judicial district: North.
Circumscription:
Municipalities: Amarante, Baião, Celorico de Basto, Cinfos, Felgueiras, Marco de
Canaveses and Resende.
Low Tâmega-South
Judicial district: North.
Circumscription ol:
Municipalities: Paiva Castle, Lousada, Paths of Ferreira, Paredes and Penafiel.
Low Vouga
Judicial district: Center.
Circumscription:
Municipalities: Águeda, Albergaria-a-Velha, Anadia, Aveiro, Estarreja, Ilhavo, Murtosa,
Olive tree of the Neighborhood, Ovar, Sever of the Vouga and Vagos.
Barlavento Algarvio
Judicial district: Algarve.
Circumscription:
Municipalities: Albufeira, Aljezur, Lagoa, Lagos, Monchique, Portimão, Silves and Vila do
Bishop.
Edge Interior North
Judicial district: Center.
Circumscription:
Municipalities: Almeida, Celorico da Beira, Figueira de Castelo Rodrigo, Guard,
Manteigas, Meda, Pinhel, Sabugal and Trancoso.
105
The South Side
Judicial district: Center.
Circumscription:
Municipalities: White Castle, Idanha-a-Nova, Oleiros, Penamacor, Proença-a-Nova,
Sertã, King's Villa and Old Village of Róża.
Cked
Judicial district: North.
Circumscription:
Municipalities: Amares, Barcelos, Braga, Esposende, Lands of Bouro and Green Village.
Cove of the Beira
Judicial district: North.
Circumscription:
Municipalities: Belmonte, Covilhã, Fundão.
Dyes-Lafões
Judicial district: Center.
Circumscription:
Municipalities: Aguiar da Beira, Carregal do Sal, Castro Daire, Mangualde, Nelas,
Oliveira de Frades, Penalva of the Castle, Santa Comba Dão, St. Peter of the South, Sáso,
Tondela, Vila Nova de Paiva, Viseu and Vouzela.
Serra da Estrela
Judicial district: Center.
Circumscription:
Municipalities: Forests of Algodres, Gouveia, Seia.
Between Douro and Vouga
Judicial district: North.
Circumscription:
106
Municipalities: Arouca, Santa Maria da Fair, Oliveira de Azemels, Saint John of Madeira
and Cambra Valley.
Large Lisboa-West
Judicial district: Lisbon and Vale do Tejo
Circumscription:
Municipalities: Loures, Odivelas and Vila Franca de Xira.
Great Lisbon-This
Judicial district: Lisbon and Vale do Tejo
Circumscription:
Municipalities: Cascais and Oeiras.
Large Lisboa-Northwest
Judicial district: Lisbon and Vale do Tejo
Circumscription:
Municipalities: Amadora, Mafra and Sintra.
Great Port-North
Judicial district: North.
Circumscription:
Municipalities: Maia, Matosinhos, Póvoa de Varzim and Vila do Conde, Santo Tirso, Trofa.
Great Port-South
Judicial district: North.
Circumscription:
Municipalities: Spine, Gondomar, Valongo and Vila Nova de Gaia.
Lezria do Tejo
Judicial district: Lisbon and Vale do Tejo
Territorial area:
Municipalities: Almeirim, Alpiarça, Azambuja, Benavente, Cartaxo, Chamusca,
Coruche, Golegan, Rio Maior, Salvaterra de Magos and Santarém.
107
Lisbon
Judicial district: Lisbon and Vale do Tejo.
Circumscription:
Municipality: Lisbon.
Wood
Judicial district: Lisbon and Vale do Tejo.
Circumscription:
Municipalities: Calheta, House of Lobos, Funchal, Machico, Ponta do Sol, Porto
Moniz, Porto Santo, Ribeira Brava, Santana, Santa Cruz and São Vicente.
Average Douro
Judicial district: North.
Circumscription:
Municipalities: Alijó, Armamar, Lamego, Cold Meson, Moimenta da Beira, Murça,
Penedono, Peso da Rmare, Sabrosa, Santa Marta of Penaguion, Saint John of the
Pesqueira, Sernancelhe, Tabusteel, Tarouca and Vila Real.
Medium Tejo
Judicial district: Lisbon and Vale do Tejo.
Circumscription:
Municipalities: Abrantes, Alcanena, Alvaiázere, Constancy, Entroncamento, Ferreira do
Zêzere, Mation, Ourém, Sardoal, Tomar, Torres New, Village Nova da Barquinha.
Minho-Lima
Judicial district: North.
Circumscription:
Municipalities: Arches of Valdevez, Caminha, Melgsteel, Montion, Coura of Coura,
Bridge of the Barca, Ponte de Lima, Valença, Viana of the Castle and Vila Nova de Cerveira.
West
Judicial district: Lisbon and Vale do Tejo.
108
Circumscription:
Municipalities: Alcobaça, Alenquer, Washer of the Wines, Bombaral, Cadaval, Caldas da
Queen, Lourinhã, Nazaré, Óbidos, Peniche, Sobral of Monte Agraço and Torres Vedras.
Peninsula of Setúbal
Judicial district: Lisbon and Vale do Tejo
Circumscription:
Municipalities: Alcochete, Almada, Barreiro, Moita, Montijo, Palmela, Seixal, Sesimbra
and Setúbal.
Pinhal Litoral
Judicial district: Center.
Circumscription:
Municipalities: Battle, Leiria, Navy Grande, Pombal and Port of Mós.
Port
Judicial district: North.
Circumscription:
Municipality: Porto.
Sotavento Algarvio
Judicial district: Algarve.
Circumscription:
Municipalities: Alcoutim, Castro Marim, Faro, Loulé, Olhão, Saint Brás de Alportel,
Tavira and Vila Real de Santo António.
Rear-the-Montes
Judicial district: North.
Circumscription:
Municipalities: Customs of the Faith, Carrazeda de Ansiães, Freixo de Espada à Cinta,
Mirandela, Tower of Moncorvo, Vila Flor, Vila Nova de Foz Côa.
