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PROPOSED LAW NO. 282 /X/4.

Exhibition of Motives

The tripartie agreement for a new system of regulation of labour relations, policies

of employment and social protection in Portugal, concluded between the XVII Government

Constitutional and the partners with a seat on the Standing Committee on Social Concertation

(CPCS), signed on June 25, 2008, predicted that, for the reasons of systematic and

legislative simplification, the procedural matter on labour counter-ordinations should not

appear in the Labour Code, and must before be the subject of own legislation.

It was further agreed that the new procedural regime of counter-ordinations should provide for the

allocation of competences to the Authority for Working Conditions (ACT) and to the

services of the Institute of Social Security, I. P. (ISS, I. P.) for any of them power

intervene in the identification of work contract dissimulation situations, so as to

prevent and discourage non-compliance with social and contributory duties of the

companies and to guarantee the right of workers to the protection conferred by the system of

social security.

Ora, such desiderate will only be achievable if the mechanisms and conditions are created.

allow the services involved to have the legal instruments that enable them,

specifically, to exercise a scrutinising, simultaneously effective and preventive action, in the

combat the abusive use of the "false green receipts".

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In this context, it imposes itself to change the procedural regime applicable to counter-ordinations

labour and social security, simplify and make common the respective tramway,

adept at the substantive regime of newly established counter-ordinations in the

Code of Work.

In these terms, in fulfillment of that agreement, and in the terms of the vert in the Programme of the

XVII Constitutional Government, the present proposal of the Law proceeds to the regulation of the scheme

procedural counterordinances of labour and social security.

The self-governing bodies of the Autonomous Regions shall be heard and, upon

public discussion to be held in the Assembly of the Republic, should all be assured

procedures necessary for the guarantee of the participation of the representative structures of the

workers and employers, in accordance with the provisions of Articles 470 and 472.

of the Labour Code.

Consultations were promoted from the social partners with a seat on the Commission

Permanent of Social Concertation.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

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JURIDICAL REGIME OF THE COUNTER-ORDINATIONS PROCESS

LABOUR AND SOCIAL SECURITY

Chapter I

Object, scope and competence

Article 1.

Object and scope

This Law establishes the legal regime of the case applicable to counter-ordinations

labour and social security.

Article 2.

Competence for the procedure of counter-ordinations

1-The procedure of counter-ordinations covered by the scope of the

this Act shall compete with the following administrative authorities:

a) To the Authority for the Conditions of Work (ACT), when they are concerned

counter-ordinances for violation of norm that conscries rights or impose

duties to any subject in the scope of employment relationship and which is punishable by

cofine;

b) To the Institute of Social Security, I. P. (ISS, I. P.), when they are in question

counter-ordinations practiced within the framework of the social security system.

2-Where a situation of the provision of activity occurs, by form

apparently autonomous, under conditions characteristic of contract of employment, which may

cause injury to the worker or the State or lack of communication of admission of the

worker in social security, any of the administrative authorities referred to in the

previous number is competent for the procedure of the counter-ordinations by that fact.

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Article 3.

Competence for the decision

1-A The decision of the counterordinance processes competes:

a) To the Inspector General of Labour (IGT), in the case of labour counter-ordinances;

b) To the Directive Board of the ISS, I. P., in the case of practiced counter-ordinations

within the framework of the social security system.

2-Under the terms of paragraph 2 of the previous article the decision of the counterordinance processes

compete with the Inspector General of Labour when the respective procedure has been

carried out by the ACT and the ISS Governing Board, I. P., when it has been carried out by the

ISS, I. P.

3-The competences referred to in this article may be delegated to the terms of the

Administrative Procedure Code (CPA).

Article 4.

Territorial competence

They are territorially competent for the procedure of counter-ordinations, in scope

of the respective geographical areas of acting in accordance with the powers provided for in the

corresponding organic laws:

a) The disconcentrated services of the ACT in whose area if there is a counteraction against-

ordering.

b) The services of the ISS, I. P., in whose area if there is the counterordinance.

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Chapter II

Procedural acts in the administrative phase

Article 5.

Form of procedural acts

1-Within the framework of the administrative procedure, procedural acts may be practiced

in computer support with qualified electronic signature affix.

2-Procedural acts and documents signed in the terms of the preceding paragraph

replace and waive for any effects the signature autographs in the process in

paper support.

3-For the effects provided for in the preceding paragraphs, only signature may be used

qualified electronics in accordance with the legal and regulatory requirements demanded by the

system of electronic certification of the State.

4-A procedural plotting within the administrative procedure may be carried out

informatically.

Article 6.

Counting of deadlines

1-On the counting of deadlines for the practice of procedural acts provided for in this Law are

applicable provisions of the law of the criminal procedure.

2-A The count referred to in the preceding paragraph shall not be suspended during the court vacations.

Article 7.

Notifications

1-The notifications are directed to the registered office or to the domicile of the recipients.

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2-The interested parties who intervene in any procedures carried out by the

competent administrative authority, must communicate, within ten days, any

alteration of your head office or domicile.

3-If the default of the provisions of the preceding paragraph result is the lack of receipt

by the notifying parties, this shall be deemed to be carried out for all legal purposes,

without prejudice to the provisions of the following article.

Article 8.

Notification by registered letter

1-The notifications in the counterordinance process are made by registered letter,

with notice of receipt, whenever it notifies the accused of the news self, of the

participation and decision of the administrative authority that applies to it fines, sanction

accessory or admoestation.

2-Whenever notifying you of refusing to receive or sign the notification, the distributor of the

postal service certifying the refusal, considering the notification.

3-A notification by registered letter shall be deemed to have been made on the date on which the

notice of receipt or on the third working day after that date, when the notice is signed by

diverse person of the notifying.

Article 9.

Notification in the pendency of proceedings

1-The notifications made pending the proceedings not referred to in paragraph 1 of the article

previous are carried out by means of simple letter.

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2-When the notification is made by simple letter shall be expressly

recorded in the process the date of the respective shipment and the abode to which it was sent,

considering the notification made in the 5. day later than the date indicated there, owing

this comination appears in the act of notification.

3-Where there is the express and informed consent of the accused or this if

find represented by constituted defender, the notifications referred to in the number

previous may be carried out by telefax or via e-mail.

4-For the purposes of the provisions of the preceding paragraph, consent shall be deemed to be expressed and

informed the use of telefax or e-mail by the accused as a means of

contact the competent administrative authority.

5-When the notification is carried out by telefax or via e-mail, it is presumed

which was made on the date of the issue, serving as proof, respectively, the copy of the notice where

consents to the mention that the message was sent successfully as well as the date, time and

receiver telefax number or extract of the message made, which will be joined by the

autos.

6-Whenever the defendants find themselves represented by legal advocate the notifications are the

this one made.

Chapter III

From the inspective action

Article 10.

Inspective procedures

1-In the exercise of its professional duties the inspector of the work carries out, without

injury to the provisions of specific legislation, the following procedures:

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a) Requisitioned, with immediate effect or for presentation on services

deconfocates of the service with inspective competence of the ministry

responsible for the labour area, examine and copy documents and other records

who are interested in the clarification of working relationships and conditions

of work;

b) Notify the employer to adopt preventive measures in the field of

assessment of occupational risks, specifically promoting, through

specialized organisms, measurements, tests or incidences incidents on the

material components of work;

c) Notify so that immediately enforceable measures are adopted,

including the suspension of ongoing work, in the event of a serious risk or

serious probability of the injury check of life, physical integrity or health

of the workers;

d) Raise news autos and stakes, relatively for offences found

in the exercise of their respective competence, and may still raise autos

warning in the event of offences classified as light and of which not yet

has resulted in serious injury to the employees, to the administration of the

work or for social security.

2-In the exercise of its professional duties the inspector of social security carries out,

without prejudice to those provided for in specific legislation, the following procedures:

a) Requisite and copy, with immediate effect, for examination, consultation and joining the

autos books, documents, records, archives and other relevant elements in

power of the entities whose activity is the subject of their action and which are of interest

the fact-finding of the facts of the inspected action;

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b) Raising autos of news and shareholdings, concerning offences

noted in the exercise of their respective competences, and may still raise

self warning in case of offences classified as light and of which

has not yet resulted in serious injury to social security;

c) Notify workers, beneficiaries or not, as well as entities

employees who are found to be in an infringement situation, and may

also proceed to the notification of other citizens, with a view to their

surveyed as witnesses and or declarants, with the faculty of reducing the

written the respective affidavits;

d) Right of free access-transit, under the law, by time and time

necessary for the performance of their duties, in the premises of the entities

subject to the exercise of their assignments;

e) Obtain, from the supervised entities for support in the supervisory actions, to

ceding of suitable premises, material and own equipment as well as the

collaboration of personnel that proves indispensable;

f) Exchange correspondence, in service, with all public entities or

private on matters of service of their competence;

g) Requisition the necessary collaboration of the police and administrative authorities,

for the exercise of their duties.

3-The inspector of labour or social security, depending on the cases, may notify or

deliver immediately to the offender the instruments referred to in paragraphs 1 and 2, with

the exception, in the latter number, of the news autos and the planned shareholdings in the

respective point b ).

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4 -A notification or delivery shall be made with the indication of the verified counterordinance,

of the measures recommended to the offender and the deadline for their compliance, advising him of

that the failure to comply with the recommended measures influences in the determination of the measure of the

cofine.

Article 11.

Notification in the framework of inspective procedures

1-The inspective procedures shall apply to the scheme of the notifications provided for in the present

law with due adaptations, save the provisions of the following number.

2-In the event of an immediate delivery, the notification considers itself to be made in the person of the offender

when it is carried out in any person who at the time represents the dam, or in its absence, in

any employee who finds himself to perform duties on the site.

Article 12.

Mode and place of compliance

1-If compliance with the standard with respect to counterordinance is comprobable by

documents, the responsible subject displays or sends the returned title the documents

proof of compliance in the territorially competent service of the respective

administrative authority, within the prescribed time limit.

2-In the case of counterordinance not covered by the provisions of the preceding paragraph, the

inspector may order the subject responsible for the counter-ordinance that, within the time limit

fixed, communicate to the territorially competent service that took the measures

necessary to comply with the standard.

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Chapter IV

Procedural plotting

Section I

From the administrative phase

Article 13.

Self of news and participation

1-The news self and the participation are drawn up by the inspectors of the work or the

social security, depending on the nature of the counterordinations in question.

2-Without prejudice to the provisions of special legislation, there is room for the news self when in the

exercise of your duties the inspector of work or social security, check or

comprove, personally and directly, albeit by non-immediate form, any infringement of

standards subject to the supervision of the respective administrative authority sanctioned with

cofine.

3-Considerate the material facts set out in the self-made news release

in the terms of the previous number while the authenticity of the document or the veracity

of your content are not foundedly put into question.

4-Regarding the offences of a counterordinational nature whose verification has not

been proven personally by the inspector of labour or social security, there is place

to the elaboration of educated participation with the available evidence and the

indication of at least two witnesses and the maximum of five, regardless of the

number of counter-ordinations in question.

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Article 14.

Self of infringement

1-The self-infringement is lifted by any social security technician.

2-There is room for infringement when it is checked by any technician in the exercise

of its infringement functions corresponding to the counterordinance of social security.

3-Considerate the material facts set out in the self-raised in the terms are proven

of the previous number while the authenticity of the document or the veracity of its

content are not founded in question.

Article 15.

Elements of the auto of news, participation and self-infringement

1-The news self, the participation and the self-infringement referred to in the preceding Articles

specifically mention the facts that constitute the counter-ordinance, the day, the hour,

the site and the circumstances in which they were committed and what can be ascertained about the

identification and residence of the defendants, the name and category of the autuant or participant and,

still, regarding the participation, identification and residence of the witnesses.

2-When the counter-ordinator is a legal person or equated person,

indicates, where possible, the seat of the legal person and the identification and residence

of the respective managers, administrators or directors.

3-In the case of subcontract, it is indicated, where possible, the identification and the residence of the

subcontractor and the main contractor.

Article 16.

Impediments

The autuent or the participant may not perform instructional functions in the same process.

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Article 17.

Notification to the accused of labour offences

1-The news self, participation and self-infringement are notified to the accused, to,

within 15 days, proceed to the voluntary payment of the fine under Rule 19.

2-Within the time limit referred to in the preceding paragraph, it may be argued, in alternative,

submit written response or appear in person to submit reply, owing

piece together the probative documents that it possesses and burrows or presents witnesses, until

to the maximum of two for each offence.

3-When you have practiced three or more counter-ordinations to which a fine is applicable

sole, the accused can burrow up to the maximum of five witnesses for all the offences.

Article 18.

Notification to the accused of social security offences

1-The accused is notified of the facts that are charged to him for, within 15 days,

proceed to voluntary payment of the fine, or to contest, wanting, owing

present the probative documents of which he / she possesses and burrows witnesses, up to the

maximum of two for each offence.

2-When you have practiced three or more counter-ordinations to which a fine is applicable

sole, the accused can burrow up to the maximum of five witnesses for all the offences.

Article 19.

Voluntary payment of the fine

1-At any time in the process, but always before the decision of the authority

competent administrative officer, the accused may proceed to voluntary payment of the fine,

in the following terms:

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a) In case of voluntary payment of the fine made within 15 days

set out in Article 17 (1) and 18, the fine is settled by the value

minimum that corresponds to the counterordinance practiced with negligence,

owing to the aggravation in the title of recidivism, without any cost

procedural;

b) In the event of voluntary payment of the fine made subsequent to the

course of time in the preceding paragraph but before the decision of the authority

competent administrative, the fine is liquidated by the minimum value that

match the counter-ordinance practiced with negligence, owing to

account for the aggravation to the title of recidivism, plus the due costs

procedural.

2-If the counterordinance consists of the lack of delivery of maps, reports or other

documents or in the omission of mandatory communications, voluntary payment of the

coima is only possible if the accused saints the lack in the same time frame.

3-The voluntary payment of the fine, in accordance with paragraph 1, amounts to conviction and

determines the filing of the case, and may not the same be reopened, and not

may the facts again be appreciated as a counter-ordinance, save if the against-

ordering shall be applicable ancillary sanction, in which case it is still restricted to the application of the

same.

Article 20.

Liability in solidarity with the payment of the fine

The provisions of Articles 17, 18, and 19 shall apply, with the necessary adaptations, to the subject

jointly and severally responsible for the payment of the fine.

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Article 21.

Witnesses

1-The witnesses indicated by the accused in the written response must for it be

presented on the date, time and place indicated by the instructor-led entity of the process.

2-The affidavits provided in the terms of the preceding paragraph can be documented

in audiovisual technical means.

3-The affidavits or clarifications collected in the terms of the preceding paragraph are not

reduced written, nor is it necessary for its transcription for resource purposes, and

joins the process copy of the recordings.

Article 22.

Adjournment of the due diligence of witnesses

1-A due diligence of witness respondents can only be postponed a single time, yet

that the lack of the first marking has been deemed justified.

2-It is considered justified the lack motivated by fact not attributable to the indebted that the

prevents from appearing in the procedural act.

3-A The impossibility of turnout should be communicated with five days of

in advance, if it is foreseeable, and on the day and time designated for the practice of the act or in the

deadline of 24 hours in case of manifest impossibility, if it is unpredictable, by constying the

communication the indication of the respective motive and the foreseeable duration of the impediment,

under penalty of non-justification of the lack.

4-Proof elements of the impossibility of turnout must be presented

with the communication referred to in the preceding paragraph.

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Article 23.

Legitimacy of trade union associations as assistants

1-In proceedings instituted within this section, they may constitute

assistants the trade union associations representative of the employees relatively to the

what if the counterordinance occurs.

2-The constitution of assistant shall be applicable, with the necessary adaptations, the

provisions of the Code of Criminal Procedure.

3-By the constitution of assistant are not due any fees.

Article 24.

Deadline for instruction

1-The deadline for the completion of the instruction is 60 days.

2-The time limit referred to in the preceding paragraph may be successively extended by equal

periods in duly substantiated cases.

3-For the purposes of paragraph 1, the term count starts with the distribution of the process to the

respective instructor.

Article 25.

Sentencing decision

1-A The decision that applies the fine and or the ancillary sanctions contains:

a) The identification of the subjects responsible for the infringement;

b) The description of the imputed facts, with an indication of the evidence obtained;

c) The indication of the standards according to which it is punishing and the reasons for the decision;

d) The fine and the ancillary sanctions.

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2-From the decision also appears to the information that:

a) The conviction becomes final and enforceable if it is not judicially impugned

in the terms of Articles 32 to 35;

b) In the event of a court challenge, the court may decide upon hearing or,

case the subjects responsible for the offence, the Public Prosecutor's Office and the Assistant,

when it exists, do not object, by simple dispatching.

3-A The decision further contains the order of payment of the fine within the maximum period of 10 days

after the definitive character or the transit on trial of the decision.

4-Not having the defendant exercised the right of defence in accordance with Rule 17 (2) and

n. 1 of 18, the description of the imputed facts, evidence, and the relevant circumstances

for the decision is made by simple remission to the news self, for the participation or

for the self of infringement.

5-A The rationale for the decision may consist of mere declaration of agreement with

fundamentals of previous opinions, information or decision proposals drawn up in the

scope of the respective counterordinance process.

Article 26.

Nature of executive title

The damning decision to implement fine that does not show settled in the legal period

has the nature of executive title.

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Article 27.

Payment of the fine in instalments

1-Exceptionally when the accused the rewant and as long as his / her economic situation

justifying it, may the competent administrative authority, after a sentencing decision,

authorise the payment of the fine in instalments, not the last of them to go beyond a

year subsequent to the definitive character of the decision.

2-A The lack of payment of one benefit implies the maturity of all the others.

3-For the purpose of consideration of the application for the payment of the fine in instalments, the accused

has to make proof of the impossibility of immediate payment of the fine.

4-In cases where the payment of the fine in installments is authorised, the credits

labour in which the employer has been convicted and the amounts in debt to safety

social are paid with the first installment as well as the respective expense.

Subsection I

Special process

Article 28.

Scope

1-A offence classified as mild or serious, with minimum legal value less than or equal to the

value of 10 UC, follows the special process form.

2-The special process is not applicable when the offender has already been convicted of

previous offence, on which it has not yet elapsed a period higher than that of the limitation of the

respective fine, counted as of the date of the sentencing decision.

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Article 29.

Procedure

1-A competent administrative authority, prior to the prosecution, notifies the offender of the

summary description of the imputed facts, with mention of the legal provisions violated and

indication of the value of the calculated fine.

2-In the same notification the offender is informed of the possibility of payment of the fine,

within five days, with the reduction set out in the terms in the following article, provided that

proceed simultaneously to the fulfillment of the due obligation.

3-A failure to reply from the offender, refusal of payment within the period referred to in paragraph 2 or

the failure to comply with the due obligation, determines the immediate continuation of the

process in accordance with the rules laid down in Articles 17 to 27, with the following

adaptations:

a) The period provided for in paragraph 1 of Articles 17 and 18 shall be reduced to 10 days;

b) The deadline provided for in Article 19 (1) is reduced to 10 days;

c) The deadline provided for in Article 24 (1) is reduced to 30 days.

Article 30.

Reduction of the fine

The value of the fine, calculated for the purposes of paragraph 2 of the preceding Article, corresponds to 75%

of the applicable statutory minimum amount.

Article 31.

Effects of compliance

The fulfilment of the due obligation and the respective payment of the fine under the n.

2 of Article 28 is equivalent to the definitive condemnatory decision, and may not the fact return

enjoyed as a counterordinance, nor did the offender judicially impugn that decision.

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SECTION II

Judicial phase

Article 32.

Judicial challenge of the decisions to implement the fines

The decision of the administrative authority for the application of fine is likely to be challenged

judicial.

Article 33.

Form and deadline

1-A Judicial challenge is addressed to the competent labour court and shall contain

allegations, conclusions and indication of the means of evidence to be produced.

2 -A Judicial challenge is filed in the administrative authority that has delivered the

decision to implement the fine, within 20 days of its notification.

Article 34.

Competent court

Is competent to know of the judicial challenge the court of employment in whose area

territorial if it has verified the counterordinance.

Article 35.

Effects of the judicial challenge

1-A Judicial challenge has merely devolutive effect.

2-A Judicial challenge has suspensive effect if the appellant deposits the value of the fine

and of the costs of the case, within the time limit referred to in Article 33 (2), in banking institution

acceding, in favour of the competent administrative authority which delivered the decision to

application of the fine.

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3-The deposit referred to in the preceding paragraph may be replaced by bank guarantee, in the

modality "to the first request".

Article 36.

Sending the autos to the Public Prosecutor's Office

1-Received the judicial challenge and, being the case, made the deposit referred to in the

previous article, the competent administrative authority sends the autos to the Ministry

Public within 10 days, and may, should you understand it, submit claims.

2-Up to the sending of the autos, may the competent administrative authority revoke, total or

partially, the decision to implement the fine or sanction ancillary.

Article 37.

Submission of the autos to the judge

The MP makes the autos always present to the judge, with an indication of the respective elements

of proof, worth this act as an indictment.

Article 38.

Non-acceptance of the judicial challenge

1-The judge rejects, by means of order, the judicial challenge made out of the deadline or without

respect for the requirements of form.

2-Of this dispatch there is recourse, which rises immediately.

Article 39.

Judicial decision

1-The judge decides on the case upon hearing of trial or through simple

dispatch.

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2-The judge decides by dispatch when he does not consider necessary the trial hearing

and the defendants or the MP do not object.

3-The dispatch may order the filing of the proceedings, acquit the accused or maintain

or change the conviction.

4-The judge substantiates his decision, both with respect to the facts and with regard to the

to the right applied and to the circumstances that determined the measure of the sanction, and may

be based on mere declaration of concordance with the authority's condemnatory decision

administrative.

5-In case of acquittion, the judge indicates because he does not consider the facts to be proved or

because they do not constitute a counter-ordinance.

Article 40.

Marking of the hearing

By accepting the judicial challenge the judge marks the hearing, save in the case referred to in paragraph 2

of the previous article.

Article 41.

Withdrawal from prosecution

At all time, and up to the sentence in the first instance or even be delivered the dispatch

provided for in Article 39 (2), may the Public Prosecutor's Office, with the agreement of the accused and of the

administrative authority, withdraw the charge.

Article 42º

Participation of the accused at the hearing

1-The accused is not obliged to attend the hearing, unless the judge considers his

presence as necessary to the clarification of the facts.

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2-In cases where the judge did not order the presence of the accused the hearing proceed without

the presence of this.

Article 43.

Absence of the accused

In cases where the accused does not attend nor does he represent himself by lawyer, they take-

if in account the statements that have been taken in the context of the proceedings against-

ordering that ran terms in the competent administrative authority or it is registered that it

has never spoken out about the matter of the autos, even though it has been granted to

opportunity to do so, and proceed to trial.

Article 44.

Participation of the Public Ministry

The Public Prosecutor's Office is present at the trial hearing.

Article 45.

Participation of the competent administrative authority

1-The court communicates to the competent administrative authority the date of the hearing for,

wanting, this power to participate in the hearing.

2-The Public Prosecutor's Office, after notification of the decision to file the case,

acquittition or amendment of the conviction, requests the written pronunciation of the authority

competent administrative, within five days, in order to be equated with an eventual

feature in the process.

3-The court communicates to the competent administrative authority, immediately and before the

traffic on trial, the sentence as well as the other final decisions.

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Article 46.

Withdrawal from the resource

1-A Judicial challenge may be withdrawn by the accused until the sentence in first

instance or until the order provided for in Article 39 (2) is delivered.

2-After the start of the trial hearing, the judicial challenge can only be withdrawn

upon the agreement of the prosecutor's office.

Article 47.

Proof

1-Compete to the Public Prosecutor's Office to promote the proof of all the facts it considers

relevant to the decision.

2-Compete to the judge determine the scope of the evidence to be produced.

3-The Public Prosecutor's Office and the accused can burrow up to the maximum of two witnesses

for each offence.

4-When it deals with three or more counter-ordinations to which a fine is applicable

single, the Public Prosecutor's Office and the defendants can burrow up to the maximum of five witnesses

for all offences.

Article 48.

Judicial admoestation

Exceptionally, if the offence consists of counterordinance classified as mild and the

reduced guilt of the defendants justifies it, may the judge utd an admonishing.

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Article 49.

Court decisions that admit appeal

1-Admit appeal to the Court of the Relation of the sentence or the court order

prowounded under Rule 39 when:

a) Is applied to the accused a fine of more than 25 UC or equivalent value;

b) The conviction of the accused shall cover ancillary sanctions;

c) The accused is acquitted or the process is filed in cases in which the authority

competent administrative officer has applied a fine of more than 25 UC or value

equivalent, or in which such fine has been claimed by the Public Prosecutor's Office;

d) The judicial challenge is rejected;

e) The court decides through dispatch notwithstanding the appellant has objected to us

terms of the provisions of Article 39 (2).

2-In addition to the cases set out in the preceding paragraph, may Court of Relation, the

application by the accused or the Public Prosecutor's Office, accept the appeal of the decision when such

it appears manifestly necessary for the improvement of the application of the right or the promotion of the

uniformity of jurisprudence.

3-Whether the sentence or the appealed dispatch are concerning several offences or several

defendants and if only as to some of the offences or any of the defendants check themselves out

the necessary assumptions, the resource goes up with these limits.

Article 50.

Regime of the appeal

1-The appeal is brought within 20 days of the sentence or of the order, or of the

your notification to the accused, should the decision have been handed down without the presence of this one.

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2-In the cases provided for in paragraph 2 of the preceding Article, the application shall follow along with the appeal,

background to it.

3-In these cases, the decision on the application constitutes a preliminary issue, which is resolved

by reasoned order of the court, amounting to its rejection of the withdrawal of the

feature.

4-The appeal follows the plotting of the appeal in criminal proceedings, taking into account the

specialties that result from this diploma.

Article 51.

Scope and effects of the appeal

1-If the contrary does not result from the present law, the second instance only knows of the

matter of law, not the appeal of their decisions.

2-A The decision of the appeal may:

a) Amend the decision of the court under appeal without any linking to the terms and to the

meaning of the contested decision;

b) Nullified her and return the process to the court resorted.

CAPITV V

Prescription

Article 52.

Prescription of the procedure

Without prejudice to the causes of suspension and interruption of prescription provided for in the general scheme

of the counter-ordinations, the procedure extinguishes itself by effect of the prescription as soon as on

the practice of the counterordinance hajam elapsed five years.

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Article 53.

Suspension of prescription

1-A The prescription of the procedure by counter-ordinance suspends, in addition to the

cases specially provided for in the law, during the time the procedure:

a) You cannot legally start or continue for lack of legal permission;

b) May not proceed by unviable to notify the accused by registered letter

with acknowledsation of receipt;

c) Be outstanding from the dispatch of the case to the Public Prosecutor's Office until your

return to the competent administrative authority, under the terms provided for in the scheme

general of the counter-ordinations.

d) Be pending from the notification of the dispatch that proceeds to the examination

preliminary appeal of the decision of the competent administrative authority, up to the

final decision of the appeal.

2-In cases provided for in points b ), c) and d) from the previous number, the suspension cannot

surpass six months.

Article 54.

Interruption of prescription

1-A The prescription of the procedure by counter-ordering interrupts itself:

a) With the communication to the accused of dispatches, decisions or measures against him

taken or with any notification;

b) With the realization of any representations of evidence, in particular examinations and

searches, or with the request for aid to the police authorities or to any

administrative authority;

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c) With the notification to the accused for the exercise of the right of hearing or with the

statements made by him in the exercise of that right;

d) With the decision of the competent administrative authority carrying out the application of the

cofine.

2-In cases of infringement procedure, the interruption of the limitation of the procedure

criminal determines the interruption of the prescription of the procedure by counter-ordinance.

3-A The prescription of the procedure always takes place when, from its inception and

ressaved the time of suspension, the time limit of the increased prescription has elapsed from

half.

Article 55.

Prescription of the fine

Without prejudice to the causes of suspension and interruption of prescription provided for in the general scheme

of the counter-ordinations, the fines prescribe within five years, to be counted from the

definitive character or transit in trial of the sentencing decision.

Article 56.

Suspension of the prescription of the fine

The prescription of the fine suspending itself during the time in which:

a) By force of law enforcement may not begin or cannot continue to take place;

b) The execution is stopped;

c) Be in the course of payment plan in installments.

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Article 57.

Interruption of the prescription of the fine

1-A The prescription of the fine interrupts itself with its execution.

2-A The prescription of the fine occurs when, from its inception and restd the time of

suspension, has elapsed the normal time limit of the increased limitation of half.

Article 58.

Prescription of ancillary sanctions

Applies to the ancillary sanctions the scheme provided for in the preceding Articles for the limitation of the

cofine.

Chapter V

Costs

Article 59.

Procedural costs

Where the contrary does not result from this Law, they shall apply, with due

adaptations, the provisions of the regulation of procedural costs.

Chapter VI

Final provisions

Article 60.

Subsidiary law

Where the contrary does not result from this Law, they shall apply, with due

adaptations, the regulatory precepts of the counter-ordering process foreseen in the regime

general of the counter-ordinations.

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Article 61.

Compliance with due obligation

The payment of the fine does not waiver the offender from the fulfilment of the obligation if this

is still possible.

Article 62.

Communications between competent administrative authorities

For the purposes of Article 2 (2), the competent administrative authorities,

communicate with each other, quarterly, the ongoing counterordinance procedures and the

applied fines.

Article 63.

Autonomous Regions

In the application of this Law to Autonomous Regions are taken into account the competences

legal assigned to their respective regional bodies and services.

Article 64.

Abrogation standard

Articles 14 to 32 of the Decree-Law No. 64/89 of February 25 are repealed.

Article 65.

Entry into force

1-A This Law shall come into force on the 1. day of the month following that of its publication.

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2-The provisions of this Law referring to audiovisual and computer media alone

come into force on the date of their implementation by the relevant departments of the ministry

responsible for the labour area.

Seen and approved in Council of Ministers of May 7, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs