Key Benefits:
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Proposed Law No. 253 /X
Exhibition of Motives
The protection of children and young people is a concern and a fundamental mission of the
Portuguese state.
The dissatisfaction as to the results obtained-in addition to being healthy-has taken
many experts to make consistent diagnostics of the prevailing system.
In the year 2006, the Subcommittee on Equality of Opportunities, of the Committee on Affairs
Constitutional, Rights, Freedoms and Guarantees, of the Assembly of the Republic, published
a Report of the hearings carried out in the framework of " of the host systems, protection and
tutelars of children and young people ".
In the said Report a few priority needs are highlighted: clarify and consecrate
the principle of the prevalence of deep affective relationships, promote the
deinstitutionalization, dynamise the institute of adoption, " think and (re) create other forms of
hosting ", in particular, through" more flexible models than adoption ", from " a measure
intermediate ", which could be" a measure of tutelage, prolonged reception, or inclusive (...) adoption
restricted " .
During the first year of operation (2006/2007), the Permanent Observatory of
Adoption also formulated the need to find new forms of placement
definitive of children and young people, who add themselves to the return to the biological family and to the
adoption, as these two known solutions have not been sufficient to prevent that
children and young people remain admitted too long in institutions of
reception (cfr. Activity Report 2006/2007 , p. 75).
The legal regime of civil apadrination-which now presents itself-intends to satisfy
those concerns and priority needs.
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The civil apadrination aims mainly to promote deinstitutionalization, through the
constitution of a tendentially permanent relationship, intended for the
children and young people who are not referred for adoption or are not adopted.
It is hoped that the first beneficiaries of the scheme will be the children and young people who are
hosted in an institution, although it is not excluded that other children and young people are
staffed, following the review of another measure, or even before the application of
any measure.
It is intended that various entities can take the initiative of the civil apadrination and
it is expected that the host institutions themselves will contribute to the process being
triggered by those entities, expecting even, that the institutions more
apetchined and diligent acquire the legal capacity to designate and enable the
godfathers, through a delegation of social security.
The legal relationship of civil apadrination hopes to correspond to a real binding
affective between godfathers and godmen. That is the purpose of the definition of the apadrinment
civil, of the requirement that the bond presents real advantages for the child or the young man, of the
duty of cooperation between godparents and parents in the sense of well-being and
development of the child or young person, from the possibility of being the parents or the very
child or the young person to designate the godparents, of the need for the main stakeout
participate in the process, from the pretense that the bond based on a signed commitment
by the actors, from the assertion of the tendentially permanent character of the
civil apadrination, of the imposition of a reciprocal duty of food, of the forecast
some rights of the godparents even after cessation of the relationship.
It is not intended, however, to create a bond similar to that of affiliation, nor do they cut the
ties with the biological family.
The civil apadrinating bond wants to serve for children and young people who won't
follow the path of adoption.
You are thought to be in children and young people who do not meet the assumptions of adoptability, or
for whom adoption has become unviable, but who also cannot return to the family
biological.
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It is, after all, the population of children and young people who remain very long in the
institutions.
The procedures and the act of constitution have only the indispensable formalism.
The due cautions were established, but it sought to prevent long formalisms and
demands too many constitute barriers and manage lengthy delays that harm the possible
beneficiaries.
Not all people can become godfathers and it is necessary to show the skills
minimal personal in a small enabling process with the entity that has the most
experience in this matter.
But a family member, an elderly person or a host family, to whom the child or the
young person has already been entrusted in a process of promotion and protection, no longer need new
habilitation.
It is desired that civil apadrination based fundamentally on a simple
commitment subscribed by direct and indirect participants, to the similarity of the agreement
of promotion and protection.
Except in cases where a judicial process has been opened, the constitution of the relationship
will fit the Public Prosecutor's Office. It should be noted that in these cases, parents are in agreement,
subscribe to the commitment and maintain more or less extensive rights with respect to the
son, although they cease to exercise parental responsibilities.
Civil apadrignment creates a new legal relationship in Portuguese law-it adds
to tutelage and restricted adoption.
The tutelage plays known roles in the system, and could be thought to suffice
broaden its scope. However, the tutelage has long occupied a traditional space,
presupposes the absence of the parents, and does not suggest an affective, emotional dimension, which now
if you wish to promote.
Restricted adoption could better meet the needs set out by the various
diagnostics, but their assumptions are too demanding and their effects are very much
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broadens, beyond that this institute has never imposed itself on Portuguese society, perhaps by
not have supported the proximity of the Adoption Plena.
The civil apadrination lies between guardianship and restricted adoption.
The godfather is more than a tutor, and is less than a restricted adopter.
The godfather is more than a tutor in the sense that he enters into a quasi-family relationship,
that does not extinguish itself with the age of majority, which is for all life, save when there is
revocation, a reciprocal obligation of food is expected-which is sign of solidarity
family-although subsidiary relatively to the obligation that is up to the parents of the godson and
to the one that impens on the children of the godfather, the obligations to relate the goods of the
distressed and that of giving accounts-which always fit the tutor-are not imposed if the parents
are alive and known, and if they have not been inhibited from the exercise of responsibilities
parental.
The godfather is less than a restricted adopter in the sense that the requirements of
civil apadrinting are less demanding, the dispensation of consent to the
constitution of civil apadrinting is easier than for the constitution of adoption
restricted, not providing for assignment to the godman's godfather, there are no rights
reciprocal successors between godfather and godson, and the revocation of the bond of
civil apadrination is easier than the revocation of restricted adoption.
The names-most suggestive or obscure, easy to pronounce or too erudite
-they have importance for the success of the institutes.
In this context, it is assumed that the expressions "civil apadrinting", "godfather",
"godmother" has an advantage over other any, to the extent that they are known to
population with a relatively approximate sense of what it is intended to establish in law
civil: the godfather or godmother are surrogates of the parents in the care of children and the
young people, without intending to make themselves through parents.
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The circumstance of the collaboration of the National Commission for the Protection of Children is emphasized
and Young at Risk in the drafting of the preliminary draft law that gave rise to the present initiative
legislative.
The knowledge of the terrain and the forenvision of potential vicissitudes arising from the
application of the institute which is now intended to create favored the process of drafting the
legislative act.
They are to still be heard, in the seat of parliamentary appreciation, the Higher Council of the
Magistrate, the Superior Council of the Public Prosecutor's Office, the Order of Lawyers and the
Advice of the Officers of Justice.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following Proposal for Law:
Article 1.
Subject
This Law sets out the legal regime applicable to civil apadrination.
Article 2.
Definition
For the purposes of applying this Law shall be deemed to be 'civil apadrination' the integration
of a child or young person in a family environment, entrusting it to a natural person or
to a family that exercises the powers and duties of the parents and that with it
to establish affective links that enable their well-being and development.
Article 3.
Scope
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This Law applies to children and young people who are residing in national territory.
Article 4.
Ability to apadrinate
They can apprehend people larger than 25 years, previously enabled for the purpose, without
Prejudice to the provisions of Article 11 (5)
Article 5.
Ability to be apadrinted
1-Can be apadrinted any child or young minor of 18 years:
a) Who is benefiting from a host measure in an institution;
b) Who is benefiting from another measure of promotion and protection;
c) To find yourself in a situation of confirmed danger in the process of a
commission of protection or in court proceedings;
d) Which, in addition to the cases provided for in the previous paragraphs, shall be forwarded to
the civil apadrination at the initiative of the persons or entities referred to in the
article 10, as long as there are no assumptions of the trust with a view
the adoption, to be verified by the competent entity for the constitution of the
civil apadrinting pursuant to Article 14 (1), and provided that the
civil apadrinting presents real advantages for the child or the young man.
2-It can also be apadrined any child or young minor of 18 years who
is benefiting from administrative trust, judicial trust or measure of
promotion and protection of trust the institution with a view to future adoption or the
person selected for adoption when, after a reexamination
grounded in the case, if it shows that the adoption is unviable.
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Article 6.
Prohibition of several civil apadrinations
As long as a civil apadrination subsists, it cannot constitute another as to the
even godson, except if the godparents live in family.
Article 7.
Exercise of parental responsibilities
1-The godparents exercise parental responsibilities, resonated the limitations
foreseen in the commitment of civil apadrination or the court decision.
2-Are applicable, with the necessary adaptations, articles 1936 to 1941 of the Code
Civil.
3-If the parents of the child or the young person have passed away, if they are inhibited from the exercise
of parental responsibilities, or if they are incognito, are still applicable, with the
due adaptations, the articles 1943 and 1944 of the same Code.
4-The obligations set out in the articles referred to in the preceding paragraph shall be fulfilled
in the face of the entities constituting the bond of civil apadrination.
Article 8.
Rights of parents
1-The parents, excepted the cases provided for in Article 18 (3), may not be
deprived of the right to:
a) Know the identity of the godparents;
b) Have a way of contacting the godparents;
c) Knowing the place of residence of the child;
d) Have a way of contacting the child;
e) Be informed about the full development of the child, its progression
school or professional, the occurrence of particularly relevant facts or
serious problems, particularly of health;
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f) Receive with regularity photographs or other image registration of the child;
g) Visiting the child, under the conditions set out in the commitment or in the judicial decision,
specifically on the occasion of especially significant dates.
2-The Tribunal may establish limitations on the rights set out in paragraphs d) and g) from the
previous number when the parents, in the exercise of these rights, endanger the
safety or the physical or mental health of the child or young person or commit the
success of the civil apadrinting relationship.
3-The rights provided for in paragraph 1 may be recognized in respect of other persons,
on the terms that are to be established in the commitment of civil apadrination
or in the court decision, in this case the principles referred to in Article 8 shall apply.
Article 9.
Guiding principles of relations between parents and godparents
1-Parents and godparents have a mutual duty of respect and preservation of the
intimacy of private and family life, of good name and reputation.
2-Parents and godparents should cooperate in the creation of the appropriate conditions for the good-
be and development of the godson.
Article 10.
Legitimacy to take the initiative
1-The civil apadrination may be of the initiative:
a) Of the court;
b) From the Public Ministry
c) Of the Commission for the Protection of Children and Young People, in the framework of the processes that
there run terms;
d) From the competent body of Social Security, or institution by this
enabled in the terms of Article 13;
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e) Of the parents, legal representative of the child or of the young person, or person who has his /
de facto guard;
f) Of the child or the younger 12-year-old.
2-When the initiative is of the child or the younger 12-year-old, the Court or the
Prosecutor's Office, as the case may be, appoints, at his request, patron that the dam.
3-The civil apadrignment may also be constituted officiously by the Court.
Article 11.
Designation of the godfathers
1-Take the initiative of the civil apadrination by whoever has legitimacy, the godfathers
are designated from among persons or families enabled, constants of a list
regional of the competent body of Social Security.
2-When the civil apadrination takes place at the initiative of the parents, of the representative
legal of the child or the young person, or of the person who has his or her guard in fact, or still
of the child or the young person, these may designate the person or family of their choice
for godparents, but the designation only becomes effective after the respective habilitation.
3-When the designation provided for in the preceding paragraph has not been made, or not if it has
made effective, the godfathers are chosen in accordance with paragraph 1.
4-A institution that has welcomed the child or the young person may designate and enable the
godfathers, as long as it has gained legitimacy for both the body of the Security
Social, pursuant to Art. 13 para.
5-Can be designated as godparents, and do not require habilitation, the relatives,
the elderly person or the host family to whom the child or the young person has been
trusted in the process of promotion and protection.
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6-A The choice of godparents is made in respect of the principle of compulsory hearing and
participation in the process of the child or the young person and the parents, legal representative or
person who has your guard in fact.
Article 12.
Habilitation of the godfathers
1-A habilitation consists of the certification that the natural person or the members of the
family who intend to apadrinate a child or young person possess idoneity and
autonomy of life that enable them to take on the own responsibilities of the bond
of civil apadrinting.
2-A The habilitation of the godparents is up to the competent body of Social Security.
3-The refusal of habilitation of the godparents shall apply the provisions of Article 7 of the Decree-
Law No. 185/93 of May 22, amended by Decree-Law No. 120/98 of May 8 and
by Law No. 31/2003 of August 22.
Article 13.
Legitimacy to assign and enable godfathers
By means of cooperation agreements concluded with the competent body of Security
Social, institutions that have adequate means can acquire the legitimacy
to assign and enable godparents.
Article 14.
Constitution of the civil apadrination relationship
1-The civil apadrination is constituting:
a) By decision of the Court, in cases where it is running a court case
of promotion and protection or a cable tutelar process and in cases where, no
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the consent of one of the persons referred to in paragraph 1 of the article being obtained
18., may the same be waived in accordance with paragraph 4 of the same article;
b) In the remaining cases, by type-approval, by the Public Prosecutor's Office,
commitment to civil apadrinting.
2-In the case provided for in paragraph a) of the previous number the Tribunal must, whenever
possible, take into account a commitment to civil apadrination that is
proposed, or promote its celebration.
3-The civil apadrination may constitute at any time of a process of
promotion and protection or of a cable tutelar process, and when it takes place after the
application of a measure of promotion and protection, or after a court decision
on parental responsibilities with which it is found to be incompatible, determines
necessarily their cessation.
Article 15.
Communication
In cases where the protection commissions of children and young people or the body
competent of social security, or the institution by this habilitated, to understand that the
initiative of the civil apadrignment that was presented to them by the parents, by the representative
legal of the child or the young person, by the person who has his or her guard in fact, or by the child
or young greater than 12 years, does not reveal itself capable of satisfying the interest of the child or the
young, communicate it to the Public Prosecutor's Office, with its opinion.
Article 16.
Commitment to civil apadrination
The commitment to civil apadrination, or the Court's decision, contains
obligatory:
a) The identification of the child or the young person;
b) The identification of the parents, legal representative or person who has their guard of
fact;
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c) The identification of the godfathers;
d) The possible limitations to the exercise, by the godparents, of responsibilities
parental;
e) The scheme of the visits of the parents or other persons, relatives or otherwise, whose
contact with the child or young person should be preserved;
f) The amount of food owed by the parents;
g) The information to be provided by the groomsmen or by the parents, legal representative
or person who had its de facto guard, to the entity tasked with the support of the
civil apadrination bond.
Article 17.
Underwriters of the commitment
They obligatorily subscribe to the commitment:
a) The godfathers
b) The people who have to give consent;
c) The institution where the child or the young man was welcomed and who promoted the
civil apadrination;
d) The entity tasked with supporting the civil apadrination.
Article 18.
Consent to the civil apadrination
1-For civil apadrination, consent is required:
a) Of the child or the younger 12-year-old;
b) Of the spouse of the godfather or of the godmother not judicially separated from people
and goods or in fact, or of the person living with the godfather or godmother in
de facto union;
c) From the parents of the godson, even if they do not exercise parental responsibilities, and
even though they are smaller;
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d) From the legal representative of the godson;
e) From whom you have your de facto guard, pursuant to Art. 5 of the Law of
Protection of Children and Young People in Danger.
2-The consent of the persons referred to in points c), d) and e) of the previous number is not
necessary when, there has been judicial trust or having been applied as a measure of
promotion and protection of trust the institution with a view to future adoption or the
person selected for adoption, please check the situation provided for in Article 5 (2)
3-No consent is required of parents who have been inhibited from the
parental responsibilities for having culposefully infringed the duties towards the
children, with serious prejudice to these.
4-The Court may dispense with consent:
a) Of the people who should give it in the terms of the previous figures, if
are deprived of the use of the mental faculties or if, by any other
reason, there is serious difficulty in hearing them;
b) Of the persons referred to in points c), d) and e) of paragraph 1, when you check any
of the situations which, in the terms of the subparagraphs c), d) and e) of Article 1978 (1) of the
Civil Code, would allow for judicial trust;
c) From the legal representative or from whom you have the de facto guard when these
jeopardizing safety, health, training, education or development
of the child or the young person;
d) From the parents of the child or the young person, when they have been inhibited totally from the
exercise of parental responsibilities outside of the cases provided for in the number
previous;
e) Of the parents of the child or the young person, when, having been applied any measure
of promotion and protection, the child or the young person cannot return to together
of them or there to remain, for persisting danger factors that impose the
remoteness, passed 18 months after the start of the execution of the measure.
Article 19.
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Competence
It is competent for the constitution of civil apadrination under the terms of paragraph 1 of the article
14., the Court of Family and Minors or, outside the areas covered by the jurisdiction of the
family and minor courts, the Court of Comarch, or the Public Prosecutor's Office, of the area of
residence of the institution in which the child or the young person is welcomed, or from the area of
residence of the child or young person.
Article 20.
Process
1-When the commitment of civil apadrignment is celebrated in the committee of
protection of minors or in the competent body of Social Security, or in
institution by this habilitated, it is the same sent to the Public Prosecutor's Office, to
homologation, accompanied by social report.
2-Should the Public Prosecutor's Office consider that the commitment does not sufficiently accrunt
the interests of the child or the young person, or does not satisfy the legal requirements, may invite
the underwriters to change it, after which it decides on the type-approval.
3-The persons referred to in Article 10 of this Law address their claim to the committee
of protection, or the Tribunal, in which we already run process terms concerning the same
child or young person or, in their absence, to the Public Prosecutor's Office, to the body
competent of Social Security or the institution by this empowered under the terms of the
article 13 para.
4-Within 10 days after your notification, the child or the young person, your parents,
legal representative, the person who has the de facto guard and the godparents can
apply for judicial consideration:
a) From the decision not to homologation of the civil apadrination commitment by the
Prosecutor's Office;
b) From the confirmation dispatch, by the Public Prosecutor's Office, from the negative opinion to the
constitution of the civil apadrination, provided for in Article 15, following the procedure
his terms as a judicial process when his judge disagrees.
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5-In cases where the dispensation of consent may be place, under the terms of paragraph 3
of Article 18, the Tribunal notifies the Public Prosecutor's Office, the child or the young person of
12 years, the parents, the legal representative or who detains the de facto guard, to claim
in writing, wanting, and presenting proof within 10 days.
6-If no evidence is presented, the decision is in the jurisdiction of the single judge, if it is
presented evidence there is room for judicial debate before a court composed of the judge,
which presides over, and by two social judges.
7-The judicial process of civil apadrinting is of voluntary jurisdiction.
8-The judicial process of civil apadrination is tramped up by electronic means on the terms
general of civil procedure standards.
9-In any state of the cause and whenever you understand it convenient, officiously, with
the consent of those concerned, or the requirement of these, may the judge or the
Prosecutor's Office to determine the intervention of public or private services of
mediation.
Article 21.
Support of the civil apadrination
1-The support of the civil apadrinment has in view:
a) Create or intensify the conditions necessary for the success of the relationship of
apadrination;
b) Assess the success of the apadrignment relationship, from the point of view of the interest of the
godson.
2-The support is up to the protection commissions, in cases where the commitment to
civil apadrinting was celebrated in proceedings that ran there terms, or the
competent body of Social Security.
3-The competent body of Social Security can marshal support in institutions
that they have adequate means.
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4-Support ends when the responsible entity concludes that family integration
normal of the godson has checked in and in any case past eighteen months on the
constitution of the bond.
Article 22.
Food
1-The godparents consider themselves to be ascending in the first degree of the godson for the purposes of
obligation to provide you with food, but are preceded by the parents of this in conditions
of satisfying that burden.
2-The godson considers himself to be top-down in the first degree of the godfathers for the effect of the
obligation to provide them with food, but it is preceded by the children of these in conditions
of satisfying this charge.
Article 23.
Matrimonial impediment and dispensation
1-The bond of civil apadrinement is impediment impediment to the celebration of the
marriage between godfathers and godmen.
2-The impediment is likely to be dispensed by the conservative of the civil registry, which the
grants when there are serious grounds justifying the celebration of marriage.
3-A infringement of the provisions of paragraph 1 matters in this article, for the godfather or
godmother, the inability to receive from your consort any benefit by donating
or testament.
Article 24.
Compensations
1-The godparents and the godson are entitled to:
a) Benefit from the legal regime of falters and licences equated with that of parents and the
children;
b) Benefit from social benefits on the same terms from parents and children.
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c) Follow up reciprocally in assistance in the disease, as if they were parents and
children.
2-The godparents are entitled to:
a) To consider the godson as dependent for the purposes of the provisions of Article 79,
in Article 82 and Article 83 of the IRS Code;
b) Accompany the godson, in the assistance in the disease, how the parents accompany the
children;
c) Benefit from the status of a blood donor.
3-The godchild benefits from the benefits of protection in family charges and integrates,
to the effect, the family household of the godfathers.
Article 25.
Duration
1-The civil apadrination constitutes a permanent bond, unless the provisions of the article
next.
2-The rights and obligations of the godparents inherent in the exercise of responsibilities
parental, and food, cease on the same terms in which they cease from those of the parents,
re-salvaged the provisions to the contrary set out in the commitment of
civil apadrinting.
Article 26.
Repeal
1-The civil apadrignment may be revoked on the initiative of any underwriter of the
commitment to apadrinting, the competent body of Social Security or
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of the institution by this authorized pursuant to Art. 13, of the protection commission,
of the Public Prosecutor's Office, or of the Court, when:
a) There is agreement of all the actors in the appointment of apadrination;
b) The godfathers infringe culposat and repeatedly the duties assumed with the
apadrinating, in prejudice to the superior interest of the godson, or when, by
infirmity, absence or other reasons, do not show up in conditions of
fulfill those duties;
c) Civil apadrination has become contrary to the interests of the godson;
d) The child or the young person takes up behaviours, activities or consumes that
have severely affected their health, safety, training, education or
development, without the godfathers opposing it in an appropriate way to
remove that situation;
e) The child or young person takes on persistent behaviours that affect
severely the person or family life of the godparents, such that the
continuity of the civil apadrination relationship proves unsustainable;
f) There is agreement from the godparents and the larger godson.
2-A The decision to revocation of the civil apadrignment rests with the entity that constituted it.
3-Requests for revocation, and there is opposition from some of the people who gave the
consent, the decision competes with the Tribunal.
4-The judicial process of revocation of civil apadrignment is tramped on by
electronic in the general terms of civil procedure standards.
5-In any state of the cause and whenever it understands it convenient, officiously,
with the consent of those concerned, or the application of these, may the judge or the
Prosecutor's Office to determine the intervention of public or private services of
mediation.
Article 27.
Rights of godfathers
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When the civil apadrignment is revoked against the will of the godfathers, and without guilt
of them, the people who have had the status of godparents maintain, while their exercise
it is not contrary to the interests of the child or the young person, the following rights:
a) Knowing the place of residence of the child or the young person;
b) Have a way of contacting the child or the young person;
c) Be informed about the full development of the child or the young person, his / her
school or vocational progression, the occurrence of facts particularly
relevant or serious problems, particularly of health;
d) Receive with regularity photographs or other image registration of the child or
of the young;
e) Visiting the child or the young person, specifically on the occasion of dates especially
significant.
Article 28.
Effects of revocation
The effects of the civil apadrignment cease at the time when the decision to revocation is
makes it definitive.
Article 29.
Civil registration
1-A The constitution of the civil apadrignment and its revocation shall be subject to civil registration
obligatory, carried out immediately and officiously by the Court which decides for its
constitution or revocation or by the prosecutor's office that homologue the commitment
of apadrinting or revoking the apadrinment.
2-Civil registration of the constitution or revocation of civil apadrignment is carried out,
where possible, by electronic means, pursuant to Article 78 of the Code of the
Civil Registry.
Article 30.
Amendment to the Code of Civil Register
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Articles 1, 69. and 78 of the Code of Civil Register, approved by the Decree-Law No
131/95, of June 6, as amended by Decrees-Laws 224-A/96 of November 26,
36/97, of January 31, 120/98, of May 8, 375-A/99, of September 20, 228/2001,
of August 20, 273/2001, of October 13, 323/2001, of December 17, 113/2002,
of April 20, 194/2003, of August 23, and 53/2004, of March 18, by the Law n.
29/2007, of August 2, by the Decree-Law No. 324/2007 of September 28 by the Law n.
61/2008, of October 31 and by the Decree-Law No. 247-B/2008 of December 30,
shall be replaced by the following:
" Article 1.
[...]
Civil registration is mandatory and has for the purpose of the following facts
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) The civil apadrination and its revocation;
j) [ Previous point (i) ];
l) [ Previous Article j) ];
m) [ Previous Article l) ];
n) [ Previous Article m) ];
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o) [ Previous Article n) ];
p) [ Previous Article o) ];
q) [ Previous Article p) ].
Article 69.
[...]
1-To the birth seat are especially averaged:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) The constitution of the civil apadrination and its revocation;
i) [ Previous aliena h)];
j) [ Previous point (i) ];
l) [ Previous Article j) ];
m) [ Previous Article l) ];
n) [ Previous Article m) ];
o) [ Previous Article n) ];
p) [ Previous Article o) ];
q) [ Previous Article p) ].
CHAIR OF THE COUNCIL OF MINISTERS
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2-[...].
3-[...].
Article 78.
[...]
1-[...].
2-A communication provided for in the preceding paragraph is sent within one day
after the transit on trial of the decision and it has to appear the indication of the
court, judgment and section in which it ran the proceedings, the identification of the
parties, the object of the action and the reconvention, if any, the grounds
of the application, the transcript of the dispositive part of the sentence, the date of this and the
traffic on trial and, well so, the remaining elements required by
averaging.
3-[...]. "
Article 31.
Amendment to the Income Tax Code of Singular People
Articles 79, 82 and 83 of the Income Tax Code of Persons
Singular, abbreviated by the IRS Code, approved by the Decree-Law n.
442-A/88, of November 30, shall be replaced by the following :
" Article 79.
[...]
1-[...]:
a) [...];
b) [...];
CHAIR OF THE COUNCIL OF MINISTERS
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c) [...];
d) 40% of the value of the monthly minimum consideration, by each dependant or
civil afilent who is not a taxable person of this tax;
e) [...].
2-[...].
3-[...].
4-[...].
Article 82.
[...]
1-[...]:
a) [...];
b) Purchase of goods and services directly related to expenses of
health of the civil, ascending and collateral afilies up to the 3's degree of the subject
liability, which are exempt from VAT, even if there is waiver of the exemption, or
subject to the reduced rate of 5%, as long as they do not possess income
superior to the highest national minimum wage and with that living in
common economy;
c) [...];
d) [...].
2-[...].
Article 83.
CHAIR OF THE COUNCIL OF MINISTERS
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[...]
1-Are deductible to the collection 30% of education and training expenses
professional of the taxable person, of his dependents and of the civil afilies,
with the limit of 160% of the monthly national minimum wage value plus
high, regardless of the civil status of the taxable person.
2-[...].
3-[...].
4-[...].
5-[...]. "
Seen and approved in Council of Ministers of February 5, 2009
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs