Key Benefits:
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Proposal for Law No 29 /XII
Exhibition of Motives
Within the framework of the Memorandum of Understanding concluded with the European Central Bank,
with the European Commission and with the International Monetary Fund, with a view to the
financial assistance program to the Portuguese Republic, the Portuguese State took over,
among others, a set of obligations relating to the regime of the court costs, of the
which stands out: the imposition of expense and additional sanctions on uncooperative debtors
in the executive processes; the introduction of a structure of extraordinary judicial expense
for prolonged litigation triggered by the litigants without manifest justification; the
standardization of judicial costs; and the introduction of special court costs for
certain categories of processes and procedures with the aim of increasing the
recipes and disincentiate the litigation of bad-faith.
Part of these obligations already have legal consecration today. Others, such as the standardization of the
judicial costs and the disincentive to the litigation of bad faith, imply to amend the current legislation,
notably, the Regulation of Procedural Costs, what is done through the present
diploma.
The standardization of court costs is aimed at the application of the same scheme of expense to all the
pending court proceedings, regardless of the time when the same if
started. In successive amendments to the regime of the procedural costs incurred in
Portugal, the option of the legislator was, as a rule, to consider that the amendments were not
applicable to the pending cases, but only to the processes that give entry to us
courts after its entry into force. In this way, and in practice, this represented that the
cost regime applicable to a process is the current regime at the time when the same
has started, not being affected by the later changes. This solution led to a
multiplication of regimes applicable in Portuguese courts, making their identification
and application an increasingly complex and time-consuming task.
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Thus, the application of the same rules to all processes makes the regime of expense more
simple and potentially more efficient and effective, contributing in this way to the
agilization, swiftness and transparency of legal proceedings. The existence of a regime
uniform allows, still, a simplification of the work of those who daily apply it
in the courts, particularly magistrates, judicial officers and lawyers, as well as
contributes to a greater understanding of the same on the part of citizens and companies that
make use of Justice.
The uniformity of regimes is carried out through a transitional standard, which determines the
Applicability of the scheme provided for in this diploma to the pending proceedings, having in
account for the distinct rules that are applicable to them. For this purpose, the
differences between the various still applicable schemes and the scheme provided for in this diploma and
defined the procedures necessary to the approximation of those with the rules ora
defined, with the aim of, with the application of the transitional standard, to be possible to apply the
all processes the scheme which is devoting itself to the present diploma.
On the litigation of bad faith, and for considering that the current values of fines
are dissuitable and insufficient to deter abusive behaviour or
manifestly dilatory, proceed to the increase of the respective minimum amounts and
maxims, making it possible for judges to apply sanctions that will effectively allow to combat
the relikely use of the procedural means.
We still take the opportunity to make some corrections to the scheme of the expense
current procedural, not least with a view to the financial sustainability of the system, well
how to close some gaps arising from the latest efective changes.
Among the changes made, the one with the greatest impact will be, we believe, the revocation of the
conversion of the rate of justice paid in advance payment of charges. This mechanism,
highly complex and which turns out to be an obstacle to forecasting and management capacity
of the revenue generated by the Justice system, is replaced by a simpler solution and already
of the knowledge of the judicial operators, the dispensation of payment of the second installment
of the rate of justice.
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The standards regarding the rate of justice in criminal proceedings and against-
Ordinance, introducing greater stability in the system in a matter so far
omissa and fixing itself clearly the moments of payment and the sanctions and preclusions
procedural for non-payment.
There is also the definition of the timing of the payment of the second installment of the
rate of justice, as the Decree-Law No. 52/2011 of April 13, which introduced that
second installment, did not stipulate that moment.
Expressly provided for the right of accidental actors, specifically
consultants, experts, translators and interpreters, to transport expenses, so if
enshrining a practice already adopted in the courts, but in respect of the wording of the
Regulation of Procedural Costs raised doubts.
Finally, an exceptional incentive to the extinction of the instance is still envisaged that, targeting the
decreasing pendency in the courts (following similar previous measures
which have achieved positive results), is also a measure adopted within the framework of the
standardization of the court costs, as it will allow the author to give up a process without
pay more for this, should you consider that, in the face of the new applicable procedural rules, not if
justifies keeping the action.
Such a measure thus comes to the meeting of the need for elimination of pendants in the
tribunals provided for in Paragraph 7.2. of the said Memorandum of Understanding concluded with the
European Central Bank, with the European Commission and with the Monetary Fund
International.
The hearings of the Superior Council of Magistracy, of the Council, were promoted
Superior of the Public Prosecutor's Office, the Higher Council of Administrative Courts and
Tax, of the Order of Lawyers, of the House of Solicitors, of the Trade Union Association
of the Portuguese Judges, of the Syndicate of the Magistrates of the Public Prosecutor's Office, of the Union
of the Judicial Officers and the Union of the Officers of Justice.
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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:
Article 1.
Subject
The present diploma proceeds to the sixth amendment of the Rules of Procedural Costs,
approved by the Decree-Law No. 34/2008 of February 26, rectified by the Declaration of
Rectification No 22/2008 of April 24 and amended by Law No 43/2008 of August 27,
by Decree-Law No. 181/2008 of August 28 by the Leis n. ºs 64-A/2008, of 31 of
December, and 3-B/2010, of April 28, and by the Decree-Law No. 52/2011 of April 13.
Article 2.
Amendment to the Rules of Procedural Costs
Articles 2, 4, 6, 8, 14, 16, 17, 20, 21, 22, 24, 26, 26, 26, 26, 26, 26, 26, 26, 26, 26
27, 29, 30, 32, 33, and 34 and 34 of the Procedural Costs Regulation approved by the
Decree-Law No 34/2008 of February 26, rectified by the Declaration of Rectification
n ° 22/2008 of April 24 and amended by Law No. 43/2008 of August 27 by the
Decree-Law No. 181/2008 of August 28 by the Leis n. ºs 64-A/2008, of 31 of
December, and 3-B/2010, of April 28, and by the Decree-Law No. 52/2011 of April 13,
shall be replaced by the following:
" Article 2.
[...]
This Regulation applies to the processes that run in the
judicial tribunals, in the administrative and tax courts and at the national counter
of injunctions.
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Article 4.
[...]
1-[...]:
a) [...];
b) [...];
c) The magistrates and the vowels of the Superior Council of Magistrate, of the
Top Council of the Public Prosecutor's Office or the Higher Council
of the Administrative and Fiscal Courts that are not magistrates,
in any actions in which they are a part by way of the exercise of their
functions;
d) [...];
e) The political parties, whose benefits are not suspended, in the
litigation provided for in electoral laws;
f) [...];
g) [...];
h) The employees or relatives, in the matter of labour law,
when they are represented by the Public Prosecutor's Office or services
union legal, when they are free of charge for the employee,
provided that the respective net income at the date of the proposition of the
action or incident or, where applicable, at the date of the dismissal,
is not more than 200 UC;
i) [...];
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j) Defendants arrested, subject to preventive arrest or compliance
of effective prison sentence, in prison establishment, when the
court clerks have concluded for their insufficiency
economic in the terms of the law of access to law and the courts, in
any applications or oppositions, in the habeas corpus and in the
interposed resources in any instance, provided that the situation of
arrest or detention hold at the time of due payment;
l) [...];
m) [...];
n) [...];
o) [...];
p) [...];
q) [...];
r) [...];
s) [...];
t) [...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) ...
f) [...];
g) [ Repealed ].
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3-In cases provided for in points c) and d) of paragraph 1, the exempted party is obliged
to the payment of costs when it is concluded that the acts have not been
practiced by virtue of the exercise of their duties or when they have
acted dolefully or with serious guilt.
4-[...].
5-[...].
6-[...].
7-With the exception of cases of economic insufficiency, under the law of
access to law and the courts, the exemption of costs does not cover the
reimbursements to the winning part for the title of part expense, which, in those
cases, will support them.
Article 6.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-In the causes of value exceeding € 275 to 000.00, the remnant of the rate of
justice is considered in the account the final, unless the specificity of the situation the
justify and the judge in a reasoned manner, answering in particular to the
complexity of the cause and procedural conduct of the parties, dismissing the
payment.
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Article 7.
[...]
1-[...].
2-In appeals, the rate of justice is paid by the appellant with the allegations and
by the defendant who counterclaims it, with the presentation of the counter-allegations.
3-The expropriation processes are only due rate of justice with the
interposition of the appeal of the arbitral decision or the subordinate appeal, in the
terms of the I-A table, which is paid by the appellant and resorted.
4-A rate of justice due for the cautionary incidents and procedures, by the
injunction procedures, including the European procedures of
payment injunction, by the anomalous procedures and by the executions is
determined in accordance with Table II, which is an integral part of the present
Regulation.
5-[ Previous Article No 4 ].
6-In the injunction procedures, including the European procedures of
payment injunction, which follow as action, is due to payment of
rate of justice by the author and the respondent, within 10 days of the date of the
distribution, in the general terms of this Regulation, discontesting,
in the case of the author, the value paid in accordance with the provisions of paragraph 4.
7-[ Previous Article No 6 ].
8-Consideration of procedures or anomalous incidents the occurrences
strange to the normal development of the lide that should be taxed
under the principles governing the conviction at expense.
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Article 8.
[...]
1-[...].
2-[...].
3-The supporting document of the payment referred to in the figures
previous should be together with the process with the application submission
in the registry or within 10 days of its formulation in the
process.
4-In the lack of presentation of the supporting document pursuant to the
previous number, the Registry notifies the interested party to proceed to its
presentation within 10 days, with an addition of rate of justice of
equal amount.
5-The non-payment of the amounts referred to in the preceding paragraph shall determine
that the application for the constitution of assistant or opening of
instruction is considered to be without effect.
6-[ Previous Article No 3 ].
7-It is due rate of justice for the impugning of decisions of authorities
administrative, in the framework of counter-ordinational processes, when the
coima has not been previously settled, in the amount of 1 UC,
may be corrected, in the final, by the judge, in the terms of table III, which does
an integral part of this Regulation, taking into consideration the
gravity of the illicit.
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8-A The rate of justice referred to in the preceding paragraph is autoliquidated in the 10 days
subsequent to the notification to the defendant of the date of marking the hearing of
judgment or order that deems it unnecessary, and shall be
expressly indicated to the defendant's term and the modes of payment of the
same.
9-[ Previous Article No 5 ].
10-If the judge does not set the rate of justice under the preceding paragraph,
considers itself to be the same set at twice its minimum threshold.
Article 9.
[...]
1-[...].
2-[...].
3-The fees due by the issuance of certificates, trassides, certified copies or
extracts are fixed as follows:
a) Up to 50 pages, the value to be paid by the set is one-fifth of
1 UC;
b) When you exceed 50 pages, the value referred to in the preceding paragraph is
increased by one tenth of 1 UC per each set or fraction of 25
pages.
4-[...].
5-For every single photocopy the value to be paid, per page, is a fortnight
avos of 1 UC.
6-[ Previous Article No 5 ].
7-[...].
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Article 14.
[...]
1-The payment of the first or only installment of the rate of justice is done up to the
moment of practice of the procedural act to it subject, owing:
a) In electronic deliveries, be proven by verification
electronic, in the terms of the porterie provided for in Article 138 (1)
of the Code of Civil Procedure;
b) In deliveries on paper support, the person concerned proceed to delivery
of the proof document of the payment.
2-A The second installment of the justice fee must be paid within 10 days of
count of the notification for the final hearing, owing the person concerned to deliver
the supporting document of the payment or to substantiate the realization of that
payment at the same deadline.
3-If, at the time defined in the preceding paragraph, the supporting document
of the payment of the second installment of the rate of justice or the granting of
benefit of judicial support has not been joined in the process, or has not
been proven to carry out the payment of the second instalment of the fee
of justice, the registry notifies the person concerned to, within 10 days,
carry out the payment, plus fine of equal amount, but not
less than 1 UC nor greater than 10 UC.
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4-Without prejudice to the additional period granted in the preceding paragraph, if on the day
of the final hearing or of the realization of any other probative diligence
has not been joined to the process the document proving payment
of the second installment of the rate of justice and the fine or the granting of
benefit of judicial support, or has not been proven to be the achievement of the
payment of the second installment of the rate of justice, the court determines the
impossibility of carrying out the representations of evidence that have been or
come to be required by the missing party.
5-In cases where there is no place the final hearing, not being waived a
second installment in the terms of the following article, this is included in the account of
final expense.
6-[ Previous Article No 2 ]
7-[ Previous Article No 3 ]
8-[ Previous Article No 4 ]
9-In the situations in which the remainder should be paid in accordance with paragraph 7 of the
article 6 and the person responsible for the procedural impulse is not condemned to
final, the same shall be notified to make the said payment, in the
period of 10 days from the notification of the decision putting an end to the
process.
Article 15.
[...]
1-Stay exempted from the prior payment of the rate of justice:
a) [...];
b) [ Repealed ];
c) [ Repealed ];
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d) The plaintiff and the defendant demanded, in the application for compensation
civil filed in criminal proceedings, when the respective value is
equal to or greater than 20 UC;
e) The parties to the actions on the state of the people;
f) The parties to the proceedings of the jurisdiction of minors.
2-The waived parts of the advance payment of justice fee,
regardless of conviction in the final, must be notified, with the
decision that decides the root cause, albeit susceptible to appeal, to
carry out your payment within 10 days.
Article 16.
[...]
1-[...]:
a) [...]:
i ) [...];
ii ) [...];
iii ) [ Repealed ];
iv ) [ Repealed ];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
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h) [...];
i) [...].
2-[...].
Article 17.
[...]
1-[...].
2-[...].
3-[...].
4-A remuneration shall be fixed depending on the value indicated by the provider of the
service, provided that it contains within the limits imposed by the table
IV, to which we add the transportation expenses that are justified and
when required until the closing of the hearing, in the fixed terms
for the witnesses and provided that no transport is made available
by the parties or the Court.
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
12-[...].
13-[...].
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14-[...].
15-[...].
Article 20.
Charges
1-The charges are paid by the applicant or interested party,
immediately or within 10 days of the notification of the dispatch
that orders the due diligence, determine the dispatch or fulfillment of letter
rogatory or mark the date of the trial hearing.
2-[...].
3-[ Revoked ].
4-[...].
5-[ Revoked ].
Article 21.
Intercalar payments
[ Revoked ]
Article 22.
Conversion of the paid justice fee
[ Revoked ] .
Article 23.
[...]
1-Without prejudice to the provisions of the following numbers, the non-payment of the
charges laid down in the terms set out in Article 20 (1) implies non-fulfilment
of the required due diligence.
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2-A part that did not carry out the punctual payment of charges can, if still
is timely, carry it out in the five days after the expiry of the deadline
provided for in Article 20 (1) by the payment of a penalty of
equal value to the missing amount, with the maximum limit of 3UC.
3-At the contrary it is allowed to pay the charge that the other has not carried out,
requesting guides for the immediate deposit in the five days after the
term of time referred to in the preceding paragraph.
Article 24.
[...]
1-[ Revoked ].
2-[...].
Article 25.
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) Indication, under autonomous heading, of the amounts paid for the title of
mandated or executing agent's fees, save, as to the
referring to the honorary of the mandatary, when the amounts in
cause to be higher than the value indicated in the paragraph c ) of the Article 3 (3)
26.
e) [...].
3-[...].
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Article 26.
[...]
1-[...].
2-[...].
3-[...]:
a) [...];
b) [...];
c) 50% of the summation of the justice fees paid by the party won and by the
winning part, for compensation from the winning part face to the
expenses with fees of the judicial mandatary, whenever it is
presented the note referred to in para. d ) of paragraph 2 of the preceding Article;
d) The values paid for the title of executive officer fees.
4-[...].
5-[...].
6-If the party wins is the Public Prosecutor's Office or enjoy the benefit of support
judiciary in the modality of dispensation of justice fee and too much burden
with the process, the reimbursement of the fees for justice paid by the winner is
supported by the Institute of Financial Management and Infrastructure of the
Justice, I.P..
Article 27.
[...]
1-[...].
2-[...].
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3-In cases of conviction by litigation of bad faith the fine is set between 2 and
100 UC.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-[ Previous Article No 5 ].
Article 29.
[...]
1-A The expense account is drawn up by the court office that worked in
1 th instance within 10 days after the transit on trial of the final decision,
after the communication by the implementing agent of the de facto verification that
determine the settlement of the responsibility of the executed, or when the judge
o determine it, disthinking its realization whenever:
a) There are not any amounts in debt;
b) In insolvency proceedings there is no amount of money in the mass
insolvent for processing the payment of the costs;
c) In the execution processes whose execution agent is not official
of justice and nothing exists to count; and
d) The responsible for the expense benefits from judicious support in the
modality of dispensation of the fee for justice fee and too much
charges.
2-[...].
3-[ Previous Article No 5 ].
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4-When you have questions about the account must the employee expose them and issue the
his opinion, making soon the process with a view to the Public Prosecutor's Office, after
what the judge will decide.
5-A Decision expected in the preceding paragraph shall be deemed to be notified to the Ministry
Public with the examination of the account and those interested with the notification to which if
refers to Article 31 (1).
Article 30.
[...]
1-A account is drawn up in harmony with the trial ultimately,
covering the expense of the action, the incidents, the procedures and the
resources.
2-One must elaborate on one account for each responsible procedural subject
by the expense, fines, and other penalties, which covers the main process and
the apensos.
3-A account is processed by the registry office, through the computer media
anticipated and regulated by porterie of the member of the Government
responsible for the area of justice, obeying the following criteria:
a) Breakdown of justice fees due, within these as already
they find paid;
b) [ Repealed ];
c) [...];
d) [...];
e) [...];
f) Indication of the amounts to be paid or, where applicable, the
give back to the responsible party;
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g) Termination with the mention of the date and signature of the responsible for the
drafting of the account.
Article 31.
[...]
1-[...].
2-Officially, the requirement of the Public Prosecutor's Office or those concerned, the
judge will mandate to reform the bill if this one is not in harmony with the
legal provisions.
3-A The account claim can be filed:
a) By the responsible for the expense, at the time of voluntary payment,
while not carrying it out;
b) By any procedural intervener, up to 10 days after receipt
of any amounts;
c) By the Public Prosecutor's Office, within 10 days of the notification
of paragraph 1.
4-Submitted the complaint of the account, the judicial officer who has
carried out the account pronounces within five days, then the process
goes with a view to the Public Prosecutor's Office, after which the judge decides.
5-It is not admitted second complaint of those concerned without the deposit of the
costs in debt.
6-From the decision of the incident of claim and the prowound on the doubts of the
judicial officer who has carried out the account falls to a degree, if
the amount exceeds the value of 50 UC.
7-[ Revoked ].
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8-[...].
9-[...].
Article 32.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-Elapsed the time limit of the payment of the costs without their achievement or without
that the person who finds himself in the situation provided for in the preceding paragraph
has required in the terms of that number, the judge reap with the services
prisms information about the importances that the reclusive is holder and
that can be intended for the payment of the expense and orders your
allocation, and the guides are to be referred to the prison services that
diligenate your payment.
8-[...].
Article 33.
Payment of the costs in instalments
1-When the value payable is equal to or greater than 3 UC, the responsible may
require, substantiated, the payment of the costs in instalments,
aggravated 5%, in accordance with the following rules:
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a) The payment is made in up to six successive monthly installments, no
less than 0.5 UC, if the total value does not exceed the amount of 12
UC, when it addresses a natural person, or the amount of 20 UC,
treating themselves as a legal person;
b) The payment is made in up to 12 successive monthly installments, no
less than 1 AU, when the values referred to in the
previous point.
2-The person responsible referred to the court, within the time of payment
volunteer, the application referred to in paragraph 1 accompanied by a plan of
payment that respects the rules provided for in the preceding paragraph.
3-[...].
4-[...].
Article 34.
[...]
1-[...].
2-Verified the default or carried out on trial the decision to which
refers to the previous number, and when it deals with amounts deposited to the order
of the court, has this the faculty of making itself pay directly for the
same, in accordance with the following order of priority, unless provision
to the contrary:
a) Rate of justice;
b) Other credits from the Institute for Financial Management and Infra-
Structures of Justice, I.P.;
c) [...];
d) [...].
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3-[...].
4-[...]. "
Article 3.
Amendment to Table II, III and IV of the Rules of Procedural Costs
Tables II, III and IV of the Rules of Procedural Costs, approved by the Decree-Law
n ° 34/2008 of February 26, rectified by the Declaration of Rectification No 22/2008,
of April 24 and amended by Law No. 43/2008 of August 27 by the Decree-Law
no 181/2008 of August 28 by the Laws paragraphs 64 -A/2008 of December 31, and
3-B/2010, of April 28 and the Decree-Law No. 52/2011 of April 13, are amended from
agreement with Annex I to this Law, which of it is an integral part of it.
Article 4.
Addition to the Rules of Procedural Costs
It is added to the Rules of Procedural Costs, approved by the Decree-Law No. 34/2008,
of February 26, rectified by the Declaration of Rectification No 22/2008, of April 24
and amended by Law No. 43/2008 of August 27 by the Decree-Law No. 181/2008 of 28 of
August, by the Laws paragraphs 64 to -A/2008, of December 31, and 3-B/2010, of April 28 and the
Decree-Law No 52/2011 of April 13, Article 14, with the following wording:
" Article 14.
Dispensation of payment of the second instalment
There is no place for the payment of the second installment of the rate of justice, in the
following cases:
a) Simplified civil procedure actions;
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b) Actions that do not behave citation of the defendant, opposition or hearing of
trial;
c) Actions terminating before offered by the opposition or in which,
due to its lack, is handed down sentence, yet preceded by
allegations;
d) Actions terminating before the designation of the date of the final hearing;
e) Special administrative actions in which there is no place the hearing
public;
f) Special administrative actions in suspended mass, save if the author
apply for the continuation of your own process;
g) Processes of jurisdiction of minors;
h) Proceedings of voluntary jurisdiction, in respect of family law;
i) Emerging processes of accidents at work or disease
professional terminated in the contentious phase by condemnatory decision
immediate to the medical examination;
j) Authorizations or confirmations of acts of incapable and authorizations
to divest or burdensome goods from the absent;
l) Tax proceedings, in respect of the fee paid by the impurient,
in the event of a withdrawal within the legal period after the partial revocation of the act
impugned tributary. "
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Article 5.
Incentive for extinction of the instance
1-In proceedings that have given input in the court up to the date of publication of the
present diploma, or that result from the submission to the distribution of providences of
injunction required up to the same date, and come to end by extinction of the instance in
request desisting ratio, dismissals of the instance, confession of the order or
transaction submitted up to one year after the date of entry into force of the present
diploma, there is dispensation from the payment of the fees for justice and the charges due by the
party or parties that have practiced the act that led to the extinction of the instance, not
there is a place for restitution of what has already been paid for the expense nor, unless otherwise
justified, the elaboration of the respective account.
2-The provisions of the preceding paragraph shall be without prejudice to the right to payment of remuneration
due to the entities intervening in the processes or which co-adjured in any
representations and enforcement officers at the title of expenses and fees.
Article 6.
Abrogation standard
The subparagraph shall be repealed. g) of Article 4 (2), the points b) and c) of Article 15 (1), the
subpoints iii) and iv) of the paragraph a) of Art. 16 (1), paragraphs 3 and 5 of Article 20, the article
21, Article 22, Article 24 (1), paragraph 1 (1) b) of Article 30 (3) and paragraph 7 of the article
31. of the Rules of Procedural Costs, approved by the Decree-Law No. 34/2008, of
February 26, rectified by the Declaration of Rectification n. 22/2008, of April 24 and
amended by Law No. 43/2008 of August 27 by the Decree-Law No. 181/2008 of 28 of
August, by the Laws paragraphs 64 to -A/2008, of December 31, and 3-B/2010, of April 28 and the
Decree-Law No. 52/2011 of April 13.
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Article 7.
Republication
It is republished, in Annex II, which is an integral part of this Law, the Regulation of
Procedural Costs, approved by the Decree-Law No. 34/2008 of February 26, with the
current wording.
Article 8.
Application in time
1-The Rules of Procedural Costs, as amended by this Law, are
applicable to all proceedings initiated after its entry into force and, without prejudice to the
willing in the following numbers, to the pending proceedings on that date.
2-Relatively to the pending proceedings, without prejudice to the provisions of the figures
following, the wording that is given to the Rules of Procedural Costs by the present
law, it only applies to the acts practiced from its entry into force, considering
valid and effective all payments and too much acts regularly made to the
shelter from the applicable law at the time of the practice of the act, albeit the application of the
Regulation of Procedural Costs, as amended by this Law,
determine different solution.
3-All amounts whose constitution of the obligation to pay occurs after the
entry into force of this Law, in particular those relating to fees for justice, the
charges, fines or other penalties, are calculated in the terms provided for in the
Regulation of Procedural Costs, as amended by this Law.
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4-In proceedings in which the parties were found to be free of cost, or in which no
there was place to the payment of expense by virtue of the characteristics of the process, and the
applied exemption do not find correspondence in the wording that is given to the
Regulation of the Costs Procedural by this Law, shall remain in force, in the
respective process, the exemption of costs.
5-In proceedings where, in accordance with the wording that is given to the Regulation of
Procedural Costs by this Act, the parties or the proceedings shall become exempt from
costs, the exemption applies, and there is no place at all for the refund of what you already have
been paid for at the expense of costs.
6-The value of the cause, for the purposes of costing, is always fixed according to the rules that
vigorated on the date of the entry of the process.
7-In proceedings where there is a place for the payment of the second installment of the justice fee
and the same has not yet become chargeable, the amount of the benefit is set at the
terms of the wording that is given to the Rules of Procedural Costs by the present
law, even if this determines a diverse amount from that of the first instalment.
8-In proceedings where the payment of the rate of justice due by each party
has been regularly carried out in a single moment there is no place for payment of the
second installment of the rate of justice provided for in Article 13 (2) of the Regulation
of the Procedural Costs, as amended by this Law.
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9-In proceedings where, by virtue of the applicable law, there was place to the dispensation of the
advance payment of the rate of justice, that dispensation remains, the payment of the
amounts that the party would have to have paid in case it was not waived due only to
final, albeit the application of the wording which is given to the Regulation of Costs
Procedural by this Law to determine different solution.
10-In proceedings where the wording that is given to the Rules of Procedural Costs
by this law, it goes on to provide for the dispensation of the advance payment of the rate of justice no
there is room for your dispensation, except if you have not yet been paid the second installment of the
rate of justice, in which case the advance payment waiver applies only to this
provision.
11-For the purposes of applying for the Rules of Procedural Costs, as amended
is given by this Law, to proceedings initiated before April 20, 2009, the rate of
initial justice is equated with the first installment of the justice fee and the rate of justice
subsequent is equated to the second installment of the rate of justice.
12-Are applicable to all pending proceedings the rules of the Costs Regulation
Procedural, as amended by this Law, relating to the expense of
part, including those relating to the fees of the mandators, unless the respective bill
discriminative and justification has been remitted to the responsible party at a date prior to the
entry into force of this Law.
13-All payments arising from the procedural cost regime shall be
carried out by the means provided for in the Rules of Procedural Costs, in the drafting
which is given to you by this Law.
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Article 9.
Entry into force
This diploma shall come into force 45 days after the date of its publication.
Seen and approved in Council of Ministers of October 13, 2011
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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ANNEX I
(referred to in Article 3)
TABLE II
(referred to in paragraphs 1, 4, 5 and 7 of Article 7 of the Regulation)
Incident / proceduring/execution A
Rate of justice
normal (UC)
B
Rate of justice
aggravated (UC)
(Article 13, paragraph 3)
Cautionary procedures:
Up to € 300000 3 3.5
Cautionary procedures of equal or higher value
to € 300 000.01 8 9
Cautionary procedures of special complexity 9 a 20 10 a 22
Provisional restitution of possession / food
provisioning / arbitrage of repair
provisional / provisional regulation of the payment of
amounts
1 to 1
Urgent administrative proceedings (Articles 97 and 100.
of the CPTA):
Electoral litigation 1 1
Pre-contractual litigation 2 2
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Challenge of cautionary procedures
adopted by the administration
tax-impugedness of acts of autoliquidation,
tax replacement and payments on account
2 to 2
Incident of main provoked intervention or
third-party accessory and provoked opposition:
Up to € 30000 2 2
Equal to or greater than € 30 000.01 4 4
Incidents / Anomal Procedures 1 a 3 1 a 3
Incident of verification of the value of the causa/production
early proof 1 1
Incidents of special complexity 7 a 14 7 a 14
Other incidents 0.5 a 5 0.5 a 5
Execution:
Up to € 30000 2 3
Equal to or greater than € 30000, 01 4 6
When the execution representations are not carried out
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by bailofficer:
Up to € 30000 0.25 0.375
Equal to or greater than € 30000, 01 0.5 0.75
Execution by expense / multas/fines (to be borne by the
executed):
Up to € 30000 2 2
Equal to or greater than € 30000, 01 4 4
Claim of credits:
Up to € 30000 2 2
Equal to or greater than € 30000, 01 4 4
Opposition to the execution or the penhour / embargoes of
third:
Up to € 30000 3 3
Executions of value equal to or greater than € 30000, 01 6 6
Application for injunction:
Values up to € 5000 0.5 0.75
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From 5000 a to € 15000 1 1.5
From € 15 000.01 1.5 2.25
Application for European payment injunction:
Values up to € 5000 1 1.5
From 5000 a to € 15000 2 3
From € 15 000.01 3 4.5
Complaints, requests for rectification, clarification and
of sentence reform 0.25 a 3 0.25 a 3
Processes of the competence of the Public Ministry
provided for in Decree-Law No. 272/2001, 13 of
October
0.75 to 0.75
TABLE III
(referred to in Article 8 (7) and (9) of the Regulation)
[...]
TABLE IV
(referred to in paragraphs 2, 4, 5 and 6 of Article 17 of the Regulation)
[...]
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ANNEX II
(referred to in Article 7)
Regulation of Procedural Costs
Title I
General provisions
Article 1.
General rules
1-All processes are subject to cost, in the terms set by the present
Regulation.
2-For the purposes of this Regulation, the individual procedure shall be deemed to be autonomous
action, execution, incident, cautionary procedure or appeal, run or not by
apenso, as long as the same can give rise to a taxation of its own.
Article 2.
Scope of application
This Regulation applies to proceedings that are run in the courts of law,
in the administrative and tax courts and at the national injunction counter.
Title II
Procedural costs
CHAPTER I
Concept and exemptions
Article 3.
Concept of costing
1-The procedural costs cover the rate of fairness, charges and part expense.
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2-The fines and other penalties are always set in an autonomous manner and follow the
scheme of this Regulation.
Article 4.
Exemptions
1-Are free of cost:
a) The Public Prosecutor's Office in the processes in which it acts on its own behalf in defence of the
rights and interests entrusted to it by law, even when intervening
as an ancillary party and in the executions for costs and procedural fines, fines or
criminal fines;
b) Any person, foundation or association when exercising the right of action
popular in the terms of Article 52 (3) of the Constitution of the Republic
Portuguese and of ordinary legislation that provides or regulates the exercise of the
popular action;
c) The magistrates and the vowels of the Superior Council of Magistrate, of the Council
Top of the Public Prosecutor's Office or the Superior Council of Courts
Administrative and Taxation that are not magistrates, in any actions in
which are part by way of the exercise of their duties;
d) The members of the Government, the local elected officials, the Directors-General, the Secretaries-
general, the inspectorates-general and equipeted for all legal effects and the
too many leaders and officials, agents and workers of the state, as well as
those responsible of mission structures, commissions, working groups and of
project as referred to in Article 28 of Law No 4/2004 of January 15,
whatever the form of the process, when personally demanded in
virtue of the exercise of its functions;
e) The political parties, whose benefits are not suspended, in the contentious
provided for in electoral laws;
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f) Private not-for-profit legal persons, when they act
exclusively within the framework of its special assignments or to defend the
interests that are specially conferred on it by the respective statute or
in the terms of legislation to be applicable to them;
g) Public entities when acting exclusively in the framework of their
special assignments for the defence of fundamental rights of citizens or of
diffuse interests that are specially conferred on it by the respective
status, and to whom the law especially ascribe procedural legitimacy in these
subjects;
h) Employees or relatives, in the matter of labour law, when they are
represented by the Public Prosecutor's Office or the union's legal services,
when they are free of charge for the employee, as long as the respective income
illiquid at the date of the proposition of the action or incident or, where applicable, to the
date of dismissal, is not more than 200 UC;
i) The minors or their legal representatives, in the appeals of decisions
relating to the application, alteration or cessation of tutelary measures, applied in
processes of jurisdiction of minors;
j) Defendants arrested, subject to pretrial detention or the performance of penalty of
actual arrest, in prison establishment, when the Registry of the Court
has concluded by its economic insufficiency under the Access to the
right and to the courts, in any applications or oppositions, in the habeas
corpus and in the interposed resources in any instance, provided that the situation of
arrest or detention hold at the time of due payment;
l) The incapable, absent and uncertain when represented by the Public Prosecutor's Office
or by officiating advocate, even if the proceedings are due in the Conservatives
of Civil Register;
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m) The plaintiff and the defendant demanded, in the application for civil damages
presented in criminal proceedings, when the respective value is less than 20 AU;
n) The Automobile Guarantee Fund, in the exercise of the right of subrogation
provided for in the legal regime of compulsory civil liability insurance
automobile;
o) The Salarial Guarantee Fund, in the judicial process of insolvency submitted
in accordance with Law No. 35/2004 of July 29;
p) The Social Security Financial Stabilization Fund, in the processes in which
intervenes in the defence of the rights of workers, taxpayers and the
heritage of the Fund;
q) The Reform Certificates Fund, in the processes in which it intervenes in the
defence of the rights of the adherents, the beneficiaries and the heritage of the Fund;
r) The municipalities, when they propose the judicial declaration of cancellation provided for in the
legal regime for the conversion of urban areas of illegal genesis, in
replacement of the Public Ministry;
s) The exequent and the claimants, when they have to deduct complaint from
credits from the tax run and demonstrem has already paid the justice fee in
cable execution process pertaining to the same credits;
t) Civil or commercial societies, cooperatives and establishments
individual limited liability companies that are in insolvency situation
or in the process of recovery of company, under the law, save in what
respects the actions that have the object disputes relating to the right of the
work.
2-Ficam also exempted:
a) The mandatory remittings of pensions;
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b) The urgent administrative proceedings concerning the electoral pre-litigation
when it comes to elections for organs of sovereignty and organs of regional power
or local and the subpoena for the protection of rights, freedoms and guarantees;
c) All the processes that should run in the Court of Enforcement of Penas,
when the recluse is in a situation of economic insufficiency, proven
by the court's office, pursuant to the law of access to law and to the courts;
d) The processes of settlement and sharing of goods from provident institutions
social and trade union and class associations.
e) ...
f) The processes of judicial trust of minor, tutelage and adoption and others of
analogous nature that target the delivery of the minor the elderly person, in alternative to the
institutionalization of the same;
g) [ Revoked ].
3-In cases provided for in points c) and d) of paragraph 1, the exempted party is obliged to pay
of costs when it is concluded that the acts have not been practiced by virtue of the exercise
of his duties or when he has acted dolefully or with serious guilt.
4-In the case provided for in paragraph t ) of paragraph 1, the exempted party is responsible for the payment of the
costs, in the general terms, in all actions in the context of which there is a benefit of the
exemption, should the desistance of the insolvency claim occur or when this is
undue injuniarly or by sentence.
5-In cases provided for in points b ) and f ) of paragraph 1 and (1) b ) of paragraph 2, the exempted part is
responsible for the payment of the costs, in the general terms, when it is completed by the
manifest improvenance of the application.
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6-Without prejudice to the provisions of the preceding paragraph, in the cases provided for in points b ), f ), g ),
h ), r ) and s ) of paragraph 1 and (1) b ) of paragraph 2, the exempted party shall be responsible, in the final, by the
charges to which it has given rise in the process, when the respective claim is fully
won.
7-With the exception of cases of economic insufficiency, under the access law to the
right and the courts, the expense exemption does not cover the reimbursements to the winning party
the title of part expense, which, in those cases, will bear them.
CHAPTER II
Rate of justice
SECTION I
Setting the rate of justice
Article 5.
Unit of account
1-A The rate of justice is expressed with recourse to the procedural unit of account (UC).
2-A UC is updated annually and automatically according to the indexing of the supports
social (IAS), owing to the effect, to the effect, to the value of UC concerning the year
previous.
3-The value corresponding to the UC for each process, as defined in paragraph 2 of the article
1., fixed at the time when the same begins, regardless of the moment
where the fee should be paid.
4-The value corresponding to UC for the payment of charges, fines and other
penalties fixed-whether at the time of the practice of the taxable or penalized act.
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Article 6.
General rules
1-A The rate of justice corresponds to the amount due for the procedural thrust of the
interested and is fixed in function of the value and complexity of the cause according to the
this regulation, applying, in the lack of special provision, the values
constants of the I-A table, which is an integral part of this Regulation.
2-In appeals, the rate of justice is always fixed in the terms of the I-B table, which is part of
member of this Regulation.
3-In proceedings where recourse to electronic means is not mandatory, the rate of
justice is reduced to 90% of its value when the party delivers all the parts
procedural through the available electronic means.
4-For the purposes of the preceding paragraph, the part pays initially 90% of the rate of justice,
losing the right to reduction and getting obliged to pay the value of this at the time in
that deliver a procedural piece on paper, under penalty of subjection to the sanction provided for in the
process law for the omission of payment of the rate of justice
5-The judge may determine, the final, the application of the constant justice rate values of the
Table I-C, which is an integral part of this Regulation, to the actions and resources that
reveal special complexity.
6-In proceedings whose rate is variable, the rate of justice is settled at its minimum value,
owing the party to pay the surplus, if any, the final.
7-In the causes of value exceeding € 275 to 000.00, the remnant of the rate of justice is
considered in the account to be final, save if the specificity of the situation justifies it and the judge of
substantiated form, given in particular to the complexity of the cause and the conduct
procedural of the parties, dismiss the payment.
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Article 7.
Special rules
1-A The rate of justice in the special procedures is fixed in the terms of Table I, save the cases
expressly referred to in Table II, which form an integral part of the present
Regulation.
2-In appeals, the rate of justice is paid by the appellant with the allegations and the defendant
which counterhapes, with the presentation of the counter-allegations.
3-The expropriation processes are only due rate of justice with the interposition of the
resource of the arbitral decision or the subordinate appeal, in the terms of the I-A table, which is
paid by the appellant and resorted.
4-A rate of justice due for the cautionary incidents and procedures, by the
injunction procedures, including European procedures for injunction of
payment, by the anomalous procedures and by the executions is determined according
with table II, which is an integral part of this Regulation.
5-In the executions for expense, fines or fines the executed is responsible for the payment
of the rate of justice under the terms of Table II.
6-In the injunction procedures, including the European injunction procedures of
payment, which follow as action, is due to the payment of justice fee by the author and
by the respondent, within 10 days from the date of the distribution, in the general terms of the
present Regulation, discontesting, in the case of the author, the value paid under the
provisions of paragraph 4.
7-When the incident or procedure revisits special complexity, the judge may
determine, the final, the payment of a higher value, within the limits established
in table II.
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8-Consideration of procedures or anomalous incidents the strange occurrences to the
normal development of the lide that should be taxed according to the principles that
they govern sentencing at expense.
Article 8.
Rate of justice in criminal and counterordinate proceedings
1-A The rate of justice due by the constitution as an assistant is self-settled in the
amount of 1 UC, and may be corrected, the final, by the judge, to a value between 1 UC
and 10 UC, taking into consideration the outcome of the process and the concrete activity
procedural of the assistant.
2-A The rate of justice due by the opening of instruction required by the assistant is self
settled in the amount of 1 UC, and may be corrected, the final, by the judge for a value
between 1 UC and 10 UC, taking into consideration the practical usefulness of instruction in the
overall tramway of the process.
3-The supporting document of the payment referred to in the preceding paragraphs shall be
together with the process with the submission of the application in the office or within the period of
10 days from your formulation in the process.
4-In the lack of presentation of the supporting document in the terms of the number
previous, the Registrar notifies the person concerned to make their submission on time
of 10 days, with equal rate addition of equal amount.
5-The non-payment of the amounts referred to in the preceding paragraph shall determine that the
application for constitution of assistant or opening of instruction is considered
no effect.
6-For the whistleblower who must pay costs, pursuant to the provisions of Article 520 of the
Code of Criminal Procedure, is fixed by the judge a value between 1 UC and 5 UC.
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7-It is due rate of justice for the challenge of the decisions of administrative authorities,
in the framework of counterordinational processes, when the fine has not been
previously settled, in the amount of 1 UC, and may be corrected, the final, by the judge,
in the terms of Table III, which is an integral part of this Regulation, having in
consideration of the severity of the illicit.
8-A The rate of justice referred to in the preceding paragraph is autoliquidated in the subsequent 10 days
to the notification to the defendant of the date of marking of the trial hearing or the
dispatch that deems it unnecessary, and must be expressly stated to the
argued the time frame and the modes of payment of it.
9-In the remaining cases the justice fee is paid for the final, being fixed by the judge having in
view the complexity of the cause, within the limits set by table III.
10-If the judge does not set the rate of justice under the preceding paragraph, it shall be deemed to
same fixed at twice its minimum threshold.
Article 9.
Setting of fees for avulous acts
1-Unless they are practiced by enforcement officer who is not an officer of justice,
by each effective citation or notification upon personal contact, erection of editais
or other avulsa due diligence, in addition to the expenses of transportation legally
established, is due half of a UC.
2-The citations, notifications, or aFixations of editions, when practiced in the same place,
count as one.
3-The fees due by the issuance of certificates, trassides, certified copies or extracts
are fixed as follows:
a) Up to 50 pages, the value to be paid by the ensemble is a fifth of 1 UC;
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b) When it exceeds 50 pages, the value referred to in the preceding paragraph is increased
tenth of 1 UC per each set or fraction of 25 pages.
4-The certificates, trassides, copies or extracts that are delivered by electronic means give
origin to the payment of justice fee in the value of one-tenth of a UC.
5-For every single photocopy the value to be paid, per page, is a fortnight avos of 1
UC.
6-The cost of avulous acts is ascertained and paid immediately or within 10 days after
notification for the purpose, if the person concerned is not present.
7-For cases that are not provided for in this Regulation, it is not due to
payment of any fee.
Article 10.
Exceptional sanctionatory rate
The sanctionary rate is fixed by the judge between 2 UC and 15 UC.
SECTION II
Fixation of the taxable base
Article 11.
General rule
The taxable base for purposes of rate of justice corresponds to the value of the cause, with the
constant hits of Table I, and fixed in accordance with the rules laid down in the law of the
respective process.
Article 12.
Setting of the value in special cases
1-Meet the value indicated in the l. 1 of the I-B table in the following processes:
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a) In proceedings relating to the judicial challenge of the decision on the granting of the
judicial support;
b) In the subpoenas for provision of information, consultation of proceedings or
passing of certificates;
c) In the processes of litigation of social security institutions or
social welfare and trade union bodies, in the processes for convocation of
general assembly or equivalent body, in the processes for declaration of
invalidity of their respective deliberations and complaints of decisions
disciplars;
d) In the resources of acts of conservatives, notaries and other officials;
e) Where it is impossible to determine the value of the cause, without prejudice to
later hits if the judge comes to set a right value;
f) In proceedings whose value is fixed by the judge of the cause with recourse to criteria
undetermined and is not indicated a fixed value, without prejudice to later
hits when it is definitely fixed the value.
2-In resources, the value is that of succumbing when this is determinable, owing the
recurring indicate the respective value in the application for interposition of the appeal; in the
remaining cases, the value of the action prevails.
SECTION III
Liability and payment
Article 13.
Responsible liabilities
1-A The rate of justice is paid in the terms set out in the Code of Civil Procedure, applying the
respective standards, secondarily, to criminal and counter-ordinance processes,
administrative and fiscal.
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2-In cases of table I-A and C, in the part relating to Article 13 (3), the rate of justice is
pays in two instalments of equal value for each part or procedural subject, save
provision to the contrary resulting from the legislation on judicial support.
3-When the liability charge of the justice fee is a commercial society that has
given entry into a court, judicial clerks or counter, in the previous year, at 200 or more
cautionary arrangements, actions, procedures or executions, the rate of justice is fixed,
for any precautionary provision, action, procedure or execution intending by the
Society according to the I-C table, save the cases expressly referred to in the table
II, where the rate of justice is fixed in accordance with the II-B table.
4-The volume of pendency referred to in the preceding number is corresponding to the number of
actions, procedures or executions entries up to December 31 of the previous year.
5-For the purposes of the provisions of paragraph 3 shall be drawn up annually by the Ministry of Justice a
list of commercial companies that during the previous calendar year have intentioned more than
200 actions, procedures or executions, which is published in the 2 th series of the Journal of the
Republic in the form of notice and made available in CITIUS.
6-Whenever the taxable person is a commercial society, the employee confirms,
by research in the computer system, if the provisions of paragraph 3 are applicable,
notifying the taxable person to, in 10 days, proceed to the payment of the
remnant, under penalty of not considering whether to pay the rate of justice.
7-A The rate of justice is set in the terms of the I-B table for:
a) The related parties;
b) The intervener who makes his / her the joints of the party to which he / she associates;
c) The assistants in civil, administrative and tax proceedings.
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Article 14.
Opportunity of payment
1-The payment of the first or only installment of the rate of justice is up to date
of the practice of the procedural act to it subject, owing:
a) In electronic deliveries, be proven by electronic verification, in the
terms of the porterie provided for in Article 138 (1) of the Code of Procedure
Civil;
b) In the deliveries on paper support, the person concerned shall proceed to the delivery of the
supporting document of the payment.
2-A The second installment of the justice fee must be paid within 10 days of the
notification for the final hearing, owing the person concerned to deliver the document
voucher of payment or to substantiate the fulfillability of that payment on the same
deadline.
3-If, at the time defined in the preceding paragraph, the document proving the
payment of the second installment of the rate of justice or the granting of the benefit of
judicial support has not been joined in the process, or has not been proven to
realization of the payment of the second installment of the rate of justice, the office notifies the
interested to, within 10 days, make the payment, plus a fine of equal
amount, but not less than 1 AU or greater than 10 UC.
4-Without prejudice to the additional period granted in the preceding paragraph, if on the day of the hearing
final or the realization of any other probationary due diligence has not been attached to the
process the document proving the payment of the second installment of the rate of
justice and the fine or the granting of the benefit of the judicial support, or has not been
proven to carry out the payment of the second installment of the rate of justice, the
court determines the impossibility of carrying out the proofs of evidence that have
been or come to be required by the missing party.
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5-In cases where there is no place the final hearing, not being waived the second
provision in the terms of the following article, this is included in the final expense account.
6-When it comes to cause that does not import the constitution of the mandatary and the act is
practiced directly by the party, it is only due to payment after notification of where
consents the 10-day period to make the payment and the cominations to which the party stands
subject to case do not carry it out.
7-The supporting document of the payment loses validity 90 days after the respective
issuance, if it has not, meanwhile, been presented in judgment or used to substantiate
such payment, in which case the person concerned requests the Institute of Financial Management and
of the Infrastructure of Justice, I. P., within the period referred to in the following number, the issue
of new proof when you intend to still present it.
8-If the person concerned does not intend to present the supporting document in judgment, it requires
to the Institute of Financial Management and Infrastructure of Justice, I. P., on the deadline of
six months after the issuance, your return, upon delivery of the original or document
of equal value, under penalty of reversion to the said Institute.
9-In the situations in which the remainder should be paid in accordance with Article 6 (7) and
the person responsible for the procedural impulse is not condemned the final, the same must be
notified to make the said payment, within 10 days of the
notification of the decision putting an end to the process.
Article 14-The
Dispensation of payment of the second instalment
There is no place for the payment of the second installment of the justice fee, in the following cases:
a) Simplified civil procedure actions;
b) Actions that do not behave citation of the defendant, opposition or hearing of
trial;
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c) Actions terminating before offered the opposition or in which, due to its
foul, be handed down sentence, yet preceded by allegations;
d) Actions terminating before the designation of the date of the final hearing;
e) Special administrative actions in which there is no place the public hearing;
f) Special administrative actions on suspended mass, unless the author requires the
continuation of your own process;
g) Processes of jurisdiction of minors;
h) Proceedings of voluntary jurisdiction, in respect of family law;
i) Emerging processes of accidents at work or occupational disease
ended in the contentious phase by immediate sentencing decision to the examination
medical;
j) Authorizations or confirmations of acts of incapable and authorizations to divest
or burdening goods from the absent;
l) Tax proceedings, with respect to the fee paid by the impuriant, in the event of
giving up on the legal deadline after the partial revocation of the tax act
impugned.
Article 15.
Dispensation of advance payment
1-Stay exempted from the prior payment of the rate of justice:
a) The State, including its services and bodies yet personalized, the
Autonomous Regions and local authorities, when they demand or are
demanded in the administrative or tax courts, save in matter
contractual and pre-contractual administrative and relating to labour relations with the
officials, agents and workers of the State;
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b) [ Repealed ];
c) [ Repealed ];
d) The plaintiff and the defendant demanded, in the application for civil damages
presented in criminal proceedings, when the respective value is equal to or higher
at 20 UC;
e) The parties to the actions on the state of the people;
f) The parties to the proceedings of the jurisdiction of minors.
2-The waived parts of the advance payment of justice fee, regardless of
sentencing of the final, must be notified, with the decision that decides the root cause,
as yet likely to appeal, to make your payment within 10 days.
CHAPTER III
Charges
Article 16.
Types of charges
1-The costs comprise the following types of charges:
a) The reimbursements to the Institute for Financial Management and Infrastructure of the
Justice, I. P.:
i) Of all the expenses by this paid advance payable;
ii) Of the costs with the granting of judicial support, including the payment of
honorariums;
iii) [ Repealed ];
iv) [ Repealed ];
b) The reimbursements for expenses in advance by the Directorate General of Taxes;
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c) The representations made by the security forces, officiously or at
application of the parties, in the terms to be defined by joint portaria of the
members of the Government responsible for the areas of internal administration and the
justice;
d) The payments due or paid to any entities by the production or
delivery of documents, provision of services or analogous acts, requisitioned
by the judge the application or officiously, save when it deals with certifing
extracted officiously by the court;
e) The compensations due to witnesses;
f) The payments due to any entities by the passage of certificates
required by procedural law, when the responsible party benefits from support
judiciary;
g) The expenses resulting from the use of public deposits;
h) The retributions due to those who have accidentally intervened in the process;
i) The costs of transport and cost aid for representations to the process
in cause.
2-The values collected under the preceding paragraph immediately reverses in favour of the
entities that they are entitled to.
Article 17.
Fixed remunerations
1-The entities that intervene in the processes or which co-adjuate in any
détails, save the technicians who assist the lawyers, are entitled to the remuneration
provided for in this Regulation.
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2-A remuneration of experts, translators, interpreters, technical consultants and liquidators,
administrators and entities tasked with the out-of-court sale in any process is
carried out in accordance with the provisions of this Article and table IV, which is part of
member of this Regulation.
3-When the rate is variable, the remuneration shall be fixed in one of the following modalities,
taking into consideration the type of service, the uses of the market and the indication of the
interested:
a) Remuneration as a function of the service or displacement;
b) Remuneration as a function of the number of pages or fraction of an opinion or
report of peritage or depending on the number of translated words.
4-A remuneration shall be fixed depending on the value indicated by the provider of the service, since
which contains within the limits imposed by Table IV, to which the expenditure is increased
of transport that is warranted and when required until the closing of the hearing,
on the terms set for the witnesses and provided that no transport is made available
by the parties or the Court.
5-Unless special provision, the amount due to the witnesses in any proceeding is
fixed in the terms of table IV and its payment depends on application
presented by the witness.
6-The liquidators, the administrators and the entities entrusted with the extrajudicial sale
they receive the amount set by the court, up to 5% of the value of the cause or the goods sold
or administrated, if this is lower, and the one set out in table IV by the displacements
that they have to carry out, if they are not made available to them by the parties or by the
court.
7-In medical expertise, physicians and their respective auxiliaries are remunerated for each
examination in the terms set in a diploma of their own.
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8-In the emerging actions of an accident of work or occupational disease it is incumbent on the
person legally responsible for the accident or the disease, albeit free of cost,
the payment of remuneration to the experts and the expense carried out with autopsies or other
necessary representations to the clinical diagnosis of the effect of the claim or the disease.
9-The remuneration of the services provided by institutions in accordance with the provisions of
articles 833-A and 861.-A of the Code of Civil Procedure comply with the following:
a) Half of a UC by the set of research carried out in the framework of the article
833.-A of the Code of Civil Procedure;
b) One fifth of UC when they are seized bank account balances or
existing securities on behalf of the executed;
c) A tenth of UC when there are no balances or values in the name of the executed.
10-The remuneration provided for in points b ) and c ) of the previous number are reduced to a
tenth when, in fact attributable to the banking institution, means are not used
electronic.
11-The remuneration provided for in paragraphs 9 and 10 are due only in cases where the
enforceable is a commercial society that has given input in a court,
judicial office or counter, in the previous year, to 200 or more cautionary arrangements,
actions, procedures or executions.
12-The remuneration provided for in paragraphs 9 and 10 constitute revenue:
a) In the actions in which the consultation or seizure is carried out by enforcement agent, of the
managing institution of the consulate database, of the IGFIJ, I.P., of ITIJ, I.P., and of the
House of Solicitors, in the ratio of 25%, 35%, 15% and 25%
respectively;
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b) In the actions in which the consultation or seizure is carried out by the court or another
entity, of the managing institution of the consulate database, of the IGFIJ, I. P., and of the
ITIJ, I. P., in the ratio of 50%, 25% and 25% respectively.
13-The remuneration provided for in paragraphs 9 and 10 shall be considered expenses of the procedure and
they must be paid in advance by the exequent, at any stage of the proceedings, in the
Terms to be regulated by porterie of the Government member responsible for the area of
justice.
14-The remuneration provided for in paragraphs 9 and 10 shall be the sole responsibility of the
enforceable and does not integrate either the fees of the executing agent, nor the expense of the
execution, nor can it be claimed at the title of part expense.
15-A form of collection, distribution of the revenue in a proportional manner to the total volume
of consultations and the mode and form of annual payment of revenue due to the institutions
managers of databases referred to in paragraph 12, as well as the remaining aspects of
system management, are regulated by porterie of the member of the Government
responsible for the area of justice.
Article 18.
Transportation expenses
1-In the representations carried out outside the court are paid to the magistrates and officials the
expenses with the displacement, if it is not placed at your disposal a means of
transportation.
2-The means of transport to be used are determined, with preference for transport
public collective:
a) By the president of the court, when dealing with magistrate or clerk
judicial;
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b) In the courts in which there is no president, by the presiding judge of the section, how much
the magistrate and the secretary of justice, as the judicial clerk;
c) By the magistrate of the prosecutor's office coordinator, when it comes to
magistrates of the prosecutor's office.
3-If magistrates or officials use, exceptional title, own vehicle, they are
compensated in the general terms provided for by the law.
4-The expenditure referred to in this Article shall be counted as charges and charged
to the party that required diligence or that it takes advantage of.
Article 19.
Advance of charges
1-When the party benefits from exemption from expense or legal support, the charges are
always in advance by the Institute of Financial Management and Infrastructure of Justice,
I. P., without a refund.
2-The expenses motivated by the provision of technical instruments of support to the courts,
on the part of the Directorate General for Social Reinsertion, when they cannot be soon paid
by the applicant, are advanced by the Institute of Financial Management and Infra-
Structures of Justice, I. P., even when there is filing of the proceedings.
Article 20.
Charges
1-Charges are paid by the applicant or interested party, either immediately or on time
of 10 days from the notification of the order ordering the due diligence, determine the
dispatch or fulfillment of rogatory letter or mark the date of the hearing of
trial.
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2-When the requesting party or the interested party benefits from exemption from cost or support
judiciary, expenses for third parties are advanced by the Institute of Management
Financial and the Infrastructure of Justice, I. P.
3-[ Revoked ].
4-The holders of credits derived from procedural actuations may claim them from the party
that should satisfy them without waiting for the process to end, regardless of the
subsequent decision of costs.
5-[ Revoked ].
Article 21.
Intercalar payments
[ Revoked ]
Article 22.
Conversion of the paid justice fee
[ Revoked ]
Article 23.
Lack of payment
1-Without prejudice to the provisions of the following numbers, the non-payment of the charges in the
terms set out in Article 20 (1) implies the non-fulfillment of the required due diligence.
2-A part that has not carried out the punctual payment of the charges may, if it still is
opportune, carry out it in the five days after the expiry of the period provided for in paragraph 1 of the
article 20, upon payment of a penalty of equal value to the missing amount,
with the maximum limit of 3UC.
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3-At the contrary it is allowed to pay the charge that the other has not carried out, requesting
guides to the immediate deposit in the five days after the expiry of the said period
in the previous number.
Article 24.
Imputation in the expense account
1-[ Revoked ].
2-In the end, charges are charged in the expense account of the party or parties that have been
in them convicts, in the proportion of the conviction.
CHAPTER IV
Cost of part
Article 25.
Justification note
1-Up to five days after transit on trial or after notification that it has been obtained
all payment or the proceeds of the attachment, depending on the cases, the parties that
have a right at the expense of the party referred to the court, for the party to the party and to the
execution agent, where applicable, the respective discriminative and justifying note.
2-Should appear in the note justifying the following elements:
a) Indication of the party, the process and the mandatary or the executing agent;
b) Indication, under autonomous heading, of the amounts actually paid by the party to
title of justice rate;
c) Indication, under autonomous heading, of the amounts actually paid by the party to
title of charges or expenses previously borne by the executing agent;
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d) Indication, under autonomous heading, of the amounts paid for the title of honorariums of
mandated or executing agent, save, as to those regarding the fees
of the mandated representative, when the amounts in question are higher than the indicated value
in the paragraph c) of Article 26 (3);
e) Indication of the value to be received, under the terms of this Regulation.
3-In the executive action, the settlement of the responsibility of the executed shall comprise the
amounts indicated in the discriminative note, in the terms of the previous number.
Article 26.
Regime
1-The expense of part integrs in the scope of judicial conviction for costs, save
when it deals with the cases provided for in Article 456 (2) and Article 450 of the Code
of Civil Procedure.
2-The expense of part is paid directly by the party won to the party that is
accrediting, save the provisions of Article 454 of the Code of Civil Procedure, being of this
notified the executing agent, where applicable.
3-A The party won is convicted, under the terms set out in the Code of Civil Procedure, to the
payment of the following values, in the title of part expense:
a) The fairness-rate values paid by the winning party, in the proportion of the
maturity;
b) The values paid by the winning part to the title of charges, including the
expenses of the executing agent;
c) 50% of the summation of the justice fees paid by the party won and the party
winner, for compensation of the winning part in the face of expenses with
honorary of the judicial representative, where the said note is given
in the paragraph d ) of paragraph 2 of the preceding Article;
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d) The values paid for the title of executive officer fees.
4-In the summation of the rates of justice referred to in the preceding paragraph they also account for
the rates of the procedures and other incidents, with the exception of the value of fines, of
penalties or sanctionary rate, and of the value of the aggravation paid by the society
commercial pursuant to Art. 447 (6) of the Code of Civil Procedure and paragraph 3
of Article 13.
5-The value referred to in para. c ) of paragraph 3 is reduced to the value shown in the paragraph d ) of paragraph 2
of the previous article when the latter is lower than the one, with no place to
payment of the same when it has not been constituted mandatary or agent of
execution.
6-If the party wins is the Public Prosecutor's Office or enjoy the benefit of judicial support in the
modality of dispensation of justice fee and too much charge with the process, the
reimbursement of the fees for justice paid by the winner is borne by the Institute of Management
Financial and the Infrastructure of Justice, I. P..
CHAPTER V
Fines
Article 27.
General provisions
1-Where in the procedural law it is provided for conviction in fine or penalty of
some of the parties or other actors without indicating the respective amount,
this can be fixed in an amount between 0.5 UC and 5 UC.
2-In exceptionally serious cases, unless it is another legal provision, the fine or
penalty can ascend to a maximum amount of 10 UC.
3-In cases of conviction by litigation of bad faith the fine is set at between 2 and 100 UC.
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4-The amount of the fine or penalty is always fixed by the judge, taking into consideration
the reflections of the violation of the law in regulating the procedure and in the correct decision of the
cause, the economic situation of the agent and the repercussion of the conviction in the heritage
of this.
5-A part of it may not be simultaneously condemned, by the same procedural act, in
fine and in exceptional sanctionatory rate.
6-From conviction in fine, penalty, or exceptional sanctionatory rate out of cases
legally permissible is always up to appeal, which, when deducted autonomously,
is presented in the 15 days after the notification of the dispatch that condemned the part in
fine, penalty or fee.
Article 28.
Payment
1-Unless otherwise stipulated, fines are paid within 10 days after transit
on trial of the decision that has fixed them.
2-When the fine is to be paid by party that has not constituted judicial representative
or mere intervener in the process, the payment is only due after notification by
written from where they build the payment term and the cominations due for the lack of the
same.
3-Not being paid the fine after the deadline set, the respective amount transits, with a
addition of 50%, to the expense account, and must be paid the final.
4-Irrespective of the benefits granted by the exemption of costs or support
judiciary or salary in the cause, fines are always paid by the party that the
motivated.
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Title III
Settlement, payment and execution of the costs
CHAPTER I
Account of costs
Article 29.
Opportunity of the account
1-A The expense account is drawn up by the court clerks that worked in 1 th instance
within 10 days after the transit on trial of the final decision, after the communication
by the enforcement officer of the de facto verification that determines the liquidation of the
responsibility of the executed, or when the judge determines it, dismising his / her
realization whenever:
a) There are not any amounts in debt;
b) In insolvency proceedings there is no amount of money in the insolvent mass
for processing the payment of the costs;
c) In the enforcement proceedings whose executing agent is not an officer of justice
and nothing exists to count; and
d) The responsible for the expense benefits of judicious support in the modality of
dispensation of the payment of justice fee and too much charge.
2-When the case subs to the higher courts, by way of appeal, the expenses that
arise after you accept the feature and until the process lowered again to the 1 th instance, are
sued by the secretaries of the respective top court.
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3-A The elaboration and processing of the account are regulated by the member's porterie
of the Government responsible for the area of justice, and other forms may be approved
processing and elaboration of the same.
4-When you have doubts about the account must the employee expose them and issue their opinion,
making soon the process with a view to the Public Prosecutor's Office, after which the judge will decide.
5-A Decision expected in the preceding paragraph shall be deemed to be notified to the Public Prosecutor's Office
with the examination of the account and those interested with the notification referred to in paragraph 1 of the
article 31.
Article 30.
Account
1-A account is drawn up in harmony with the tried in the last instance, covering the
cost of action, incidents, procedures and resources.
2-One shall elaborate on one account for each procedural subject responsible for the expense,
fines, and other penalties, which cover the main process and the apensos.
3-A account is processed by the registry, through the planned computer means and
regulated by portaria of the member of the Government responsible for the area of justice,
obeying the following criteria:
a) Breakdown of the fees due and the fees paid;
b) [ Repealed ];
c) Breakdown of reimbursements due to the Institute of Financial Management and the
Infrastructures of Justice, I. P., or of payments due to other entities
or services;
d) Breakdown of amounts due on account of fines and other penalties;
e) Breakdown of amounts referring to the payment of fines and costs
administrative due for the instruction of counterordinance processes;
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f) An indication of the amounts to be paid or, where appropriate, to return to the party
responsible;
g) Termination with the mention of the date and signature of the responsible for the
drafting of the account.
Article 31.
Reform and complaint
1-A account is always notified to the Public Prosecutor's Office, to the mandators, to the agent of
execution and the administrator of insolvency, when there is, or to the parties themselves
when there is no mandatary, and to the party responsible for the payment, so that, on the deadline
of 10 days, ask for the reform, complain about the account or carry out the payment.
2-Officially, the application by the prosecutor's office or those concerned, the judge
it will mandate to reform the bill if the latter is not in harmony with the legal provisions.
3-A The account claim can be filed:
a) By the responsible for the expense, on the voluntary payment term, while not
the realization;
b) By any procedural intervener, up to 10 days after the receipt of
any amounts;
c) By the Public Prosecutor's Office, within 10 days of the notification of paragraph 1.
4-Submitted the complaint of the account, the judicial officer who has carried out the account
pronounced no later than five days, then the process goes with a view to the Ministry
Public, after which the judge decides.
5-It is not admitted to second complaint of those concerned without the deposit of the expense in
debt.
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6-From the decision of the incident of claim and the prowound over the doubts of the employee
judicial that has carried out the account falls to a degree, if the amount exceeds the
value of 50 UC.
7-[ Revoked ].
8-If the account reform results the need for any remake on the part of the
Institute of Financial Management and Infrastructure of Justice, I. P., or of others
entities that have already received the costs, is the importance of discounted reposition in the
amounts that in the following month fall to the debtor entity, sendoyou release the
fact by note of reversal.
9-In the event that it is not possible to reposition in the terms of the preceding paragraph, the entities
deveers will proceed to the devolution of the importance concerned within 10 days after the
respective notification.
CHAPTER II
Payment
Article 32.
Voluntary payment
1-The payments arising from this Regulation are made,
preferentially, through the available electronic means, being mandatory the
payment by electronic means when dealing with legal persons or, in any
case, when it deals with amounts higher than 10 UC.
2-Payments made by electronic form consider themselves to be realized when it is
carried out substantiation, in the process, which attests to the transfer of equal value or
higher than the value in debt.
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3-The payments or returns that should be made by the court operate by
bank transfer whenever the party, procedural subject or other intervener
indicate the respective bank identification number, being such a procedure
compulsory for legal persons.
4-The person responsible for costs or fines that has some deposit to the order of any
court may apply, within the time of voluntary payment, that of him to raise the amount
necessary for the payment.
5-When the deposited amount does not appear sufficient, the responsible officer may present the
application referred to in the preceding paragraph provided that, in the same period, proceed to the
payment of the missing amount.
6-The responsible for the expense that finds itself in compliance with penalty or measure
deprivation of liberty may apply to the court, within the time of voluntary payment, that
is raised the amount required for the effect, of account it has constituted in the
prison services, excluding the fund from support for social reinsertion.
7-Elapsed the time limit of the payment of the costs without their achievement or without the
responsible to find yourself in the situation provided for in the preceding paragraph has required
in the terms of that number, the judge reapes with the prison services information on the
importances that the reclusive is proprietor and may be intended for the payment of the
costs and orders their allocation, and the guides should be referred to the prison services
that have diligenated your payment.
8-The forms of payment of court costs are regulated by the member's porterie
of the Government responsible for the area of justice.
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Article 33.
Payment of the costs in instalments
1-When the value to be paid is equal to or greater than 3 UC, the responsible may apply,
fundamentedly, the payment of the costs in instalments, aggravated 5%, of
agreement with the following rules:
a) The payment is made in up to six successive monthly installments, not less than
0.5 UC, if the total value does not surpass the amount of 12 UC, when it deals with
natural person, or the amount of 20 UC, by treating themselves as a legal person;
b) The payment is made in up to 12 successive monthly installments, not less than 1
UC, when the values referred to in the preceding paragraph are exceeded.
2-The person responsible referred to the court, within the time of the voluntary payment, the
application referred to in paragraph 1 accompanied by a payment plan respecting the
rules provided for in the preceding paragraph.
3-A The first instalment is paid within 10 days of notification of the dispatch of
dewound and the subsequent ones are paid monthly on the day corresponding to the
payment of the first.
4-A The lack of payment of a benefit implies the maturity of the following,
proceeding pursuant to the following articles, specifically as to the fate of the
value already paid.
Article 34.
Default and right of retention
1-Pass the deadline for voluntary payment without being paid the expense, fines and
other amounts counted and not having been lodged claim or until this is
target of decision transitioned on trial, the court has the right to retain any good in the
your possession or amount deposited to your order that:
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a) Provenha of escrow deposited by the responsible for the expense;
b) Provence de arresto, consignment on deposit or similar mechanism, relating to
goods or amounts of which you hold the responsible for the costs;
c) Provenha of consignment, sale or remand relative to pawned goods that
were the property of the responsible for the expense;
d) It should be delivered to the responsible for the expense.
2-Verified the default or carried out on trial the decision to which the
previous paragraph, and when it deals with amounts deposited with the order of the court, it has
this faculty of making themselves pay directly for the same, according to the following
order of priority, unless otherwise provided:
a) Rate of justice;
b) Other credits from the Institute for Financial Management and Infrastructure of the
Justice, I. P.;
c) Credits of the State;
d) Reimbursements to other entities by force of collaboration or intervention in the
process, including the fees and expenses supported by the agent of
execution, which is not official of justice.
3-On the totality of the amounts counted, with the exception of fines and penalties,
focus interest on the minimum legal rate.
4-Whenever the amounts available for the payment of the expense are afflicted
insufficient, and carried out the payments referred to in points a ) a c ) of paragraph 2, the
remainder is prorated by the remaining creditors referred to therein and, being the case, by the
other creditors who are recognised in sentence.
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CHAPTER III
Execution
Article 35.
Execution
1-Not having been possible to obtain payment of the costs, fines and other amounts
charged in accordance with previous articles, is delivered certificate of the settlement of the account
of costs to the Public Prosecutor's Office, for executive purposes, when it concludes by the
existence of pawable goods.
2-A certificate of liquidation, together with the sentence carried on trial, constitutes
executive title as to the totality of the amounts therein discriminated.
3-When it deals with costs relating to avulous acts that do not come, predictably,
to be integrated in any process, is issued by the secretion certificate of liquidation
autonomous, with executive force of its own, which serves as a support for the implementation to be established
by the Public Ministry.
4-The Public Prosecutor's Office only instators the execution when they are known goods
pendants of the debtor who are afflicted enough in the face of the value of the execution,
refraining from it to be established when the debt is of less than the costs of the
activity and the likely expenditure of the execution.
5-When, being in progress the execution, if it occurs that the executed does not have more
pencilable goods and that the already pawned are not sufficient for the payment of the
costs, the judge, the application of the Public Prosecutor's Office, dispensing the contest of creditors and
it sends to the immediate liquidation of the goods to be paid the expense.
6-Checking that the executed does not have goods, is the execution immediately archived,
without prejudice to resume as soon as they are known goods of their own.
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7-Compete to the Public Prosecutor's Office to promote execution at cost face to debtors
hosted abroad, pursuant to the provisions of applicable Community law,
upon obtaining European executive title.
Article 36.
Cumulation of executions
1-Instaura-if always one only run against the same responsible, yet they are
various processes or apensos with costs in debt, as long as the executions can
run concurrent.
2-Being several non-sympathetic persons, an execution against each other is instituted
of them.
3-When the winning part intries execution at the expense of part against the responsible
at the expense, the one is attached to the execution at the expense intended by the Public Prosecutor's Office,
in any state of the process, provided that none of the executions is already extinct,
even if the requirements set out in Articles 53 and 54 are not verified.
Code of Civil Procedure.
4-When against the same person responsible are pending or should be proposed, in the
same court, several executions at the expense, must the same be attached in one only
process, save if any of them already find themselves in the phase of the sale or if the apensation
bring serious inconvenience to the good procedural plotting.
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Title IV
Final provisions
Article 37.
Prescription
1-The credit for costs and the right to the return of amounts deposited to the order of
any processes prescribe within five years, from the date on which the holder
has been notified of the right to apply for the respective devolution, unless there is provision
to the contrary in special law.
2-Archived to be carried out in accordance with the provisions of Article 35 (6), the deadline
prescriptional counts as of the date of the filing.
3-[ Revoked ].
Article 38.
Responsibility of the State for the expense
1-The procedural costs, fines and interest of late payment owed by any public entities
are borne directly by the service to which the organ belongs which, according to the
respective sphere of competence, gave rise to the cause, understanding itself as such that:
a) Which withdraws direct usefulness or in which the injury derived from the
provenance of the action; or
b) A which is attributable to the challenged legal act or on which it falls the duty of
practise the legal acts or observe the intended behaviours.
2-When they are several the services that gave rise to the cause, it is incumbent on the general secretariat
of the ministry or, when they belong to different ministries, to the general secretariat of that
which first figure in the Government Organic Law in force at the time of the
settlement, proceed to payment, without prejudice to the right of return, calculated in
function of the division of the total value of the costs by the number of services involved.
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3-The payment of costs, of procedural fines or of late payment interest concerning
prosecutions that have for the object of acts of the members of the Government given
in the context of administrative resources it is incumbent on the services that have practiced the decision
recurrd.
4-When the entity responsible in the terms of the previous figures does not post
legal personality, the costs are borne by the legal person who exercises guardian
about the one or the who is entrusted with the financial management of the said entity.
5-A liability for procedural expense, fines and interest on late payment of services
of the ministries and provided for in the preceding paragraphs is independent of the legal forecast, in the
respective statutory laws, of own revenue.
Article 39.
Fate of procedural costs
The fate of the procedural costs is fixed by porterie of the members of the Government
responsible for the areas of finance and justice.
Article 40.
Counting of deadlines
Unless otherwise specified otherwise, to the time limits provided for payments in the present
Regulation does not apply to the provisions of Article 145 (5) of the Code of Civil Procedure.
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TABLE I
(referred to in Articles 6, 7, 11 12 and 13 of the Regulation)
Value of action (euros)
Rate of justice (UC)
The
Article 6, paragraph 1,
of the RCP
B
Articles 6, n. º2,
7, paragraph 2, 12, para.
1, and 13, paragraph 6,
of the RCP
C
Articles 6, para.
5, and 13, n. º3,
of the RCP
1 Up to 2000 1 0.5 1.5
2 From 2 000.01 a 8000 2 1 3
3 From 8 000.01 a 16000 3 1.5 4.5
4 From 16 000.01 a 24000 4 2 6
5 From 24 000.01 a 30000 5 2.5 7.5
6 From 30 000.01 a 40000 6 3 9
7 From 40 000.01 a 60000 7 3.5 10.5
8 From 60 to 000.01 a 80000 4/8/2012
9 From 80 000.01 a 100000 9 4.5 13.5
10 From 100 to 000.01 a 150000 5/10/2015
11 From 150 to 000.01 a 200000 6/12/2018
12 From 200 to 000.01 a 250000 7/14/2021
13 From 250,000.01 a To 275000 8/16/2024
In addition to the € 275000, to the value of the rate of justice plus, the final, for every € 25000 or
fraction, 3 UC, in the case of column A, 1.5 UC in the case of column B and 4.5 UC, in the case of
column C.
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TABLE II
(referred to in paragraphs 1, 4, 5 and 7 of Article 7 of the Regulation)
Incident / proceduring/execution A
Rate of justice
normal (UC)
B
Rate of justice
aggravated (UC)
(Article 13, paragraph 3)
Cautionary procedures:
Up to € 300000 3 3.5
Cautionary procedures of equal or higher value
to € 300 000.01 8 9
Cautionary procedures of special complexity 9 a 20 10 a 22
Provisional restitution of possession / food
provisioning / arbitrage of repair
provisional / provisional regulation of the payment of
amounts
1 to 1
Urgent administrative proceedings (Articles 97 and 100.
of the CPTA):
Electoral litigation
1
1
Pre-contractual litigation 2 2
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Challenge of guarding procedures adopted
by the tax administration / impugation of acts of
autoliquidation, tax replacement and payments
per account
2 to 2
Incident of main provoked intervention or
third-party accessory and provoked opposition:
Up to € 30000 2 2
Equal to or greater than € 30 000.01 4 4
Incidents / Anomal Procedures 1 a 3
1 a to 3
Incident of verification of the value of the
advance causa/production of proof 1 1
Incidents of special complexity 7 a 14 7 a 14
Other incidents 0.5 a 5 0.5 a 5
Execution:
Up to € 30000 2 3
Equal to or greater than € 30000, 01 4 6
When the execution representations are not carried out
by bailofficer:
Up to € 30000 0.25 0.375
Equal to or greater than € 30000, 01 0.5 0.75
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Execution by expense / multas/fines (to be borne by the
executed):
Up to € 30000 2 2
Equal to or greater than € 30000, 01 4 4
Claim of credits:
Up to € 30000 2 2
Equal to or greater than € 30000, 01 4 4
Opposition to the execution or the penhour / embargoes of
third:
Up to € 30000 3 3
Executions of value equal to or greater than € 30000, 01 6 6
Application for injunction:
Values up to € 5000 0.5 0.75
From 5000 a to € 15000 1 1.5
From € 15 000.01 1.5 2.25
Application for European payment injunction:
Values up to € 5000 1 1.5
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From 5000 a to € 15000 2 3
From € 15 000.01 3 4.5
Complaints, requests for rectification, clarification and
of sentence reform 0.25 a 3 0.25 a 3
Processes of the competence of the Public Ministry
provided for in Decree-Law No. 272/2001, 13 of
October
0.75 to 0.75
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TABLE III
(referred to in Article 8 (7) and (9) of the Regulation)
Procedural Act Rate of justice
(UC)
Particular charge 1 a 3
Application for opening statement by the defendants 1 a 3
Feature of pronunciation dispatch 1 a 5
Feature of the dispatch of non-pronunciation 3 a 6
Contestation / opposition:
Common process 2 a 6
Special processes 1/2 to 3
Conviction in 1 th instance without contestation or
opposition:
Common process 2 a 6
Special processes 1/2 to 2
Habeas corpus 1 a to 5
Educational tutelary processes 1 a 5
Appeal to the court of relation 3 a to 6
Appeal to the court of the relationship (article 430 of the CPP) 4 a 8
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Appeal to the Supreme Court of Justice 5 a 10
Complaints and requests for rectification 1 a 3
Jurisprudence fixation resources (Articles 437 and
446. of the CPP) 1 a 5
Review feature 1 a 5
Judicial challenge in counterordinational proceedings 1 a 5
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TABLE IV
(referred to in paragraphs 2, 4, 5 and 6 of Article 17 of the Regulation)
Category Remuneration by
service / travel
Remuneration for
fraction / page / word
Experts and peritages 1 UC to 10 UC (service) 1/10 UC (page).
Translations-1/3777 UC (word).
Interpreters 1 UC to 2 UC (service)-
Witnesses 1/500 UC (kilometre)-
Technical consultants 1 UC to 10 UC (service) 1/15 UC (page).
Liquidators,
administrators and
entities
in charge of the
extrajudicial sale
1/255 UC (kilometre) +
up to 5% of the value of the cause
or of the goods sold or
administered, if this is
lower.
-