The Organization Of The Judiciary Act

Original Language Title: Lei da Organização do Sistema Judiciário

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PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 114/XII 522/2012 PL 2012.11.22 explanatory memorandum 1. The judicial organization, in our country, has its basic principles fashioned in the Constitution of the Portuguese Republic. It's in the Constitution that are established the fundamental provisions of the Portuguese judicial system, during which arise from among the most relevant, the principle of access to the law and the courts, the principle of independence of the courts and judges, and the principles of the public hearings of the courts and the binding force of its decisions, which take precedence over those of any other entities. If the constitutional principles in the fall, clearly, as the model and organization of our justice system, do not have, nor is supposed to, the detail required for a global knowledge but deepened the Portuguese administration of justice system. Furthermore, the successive legislative interventions to date have been made in the judicial organization have given way to a profusion of legislation espartilhantes of this organization, which does not allow you to watch and identify the justice system as a whole only, where easily apprehend the categories and powers of existing courts, your hierarchical and functional interdependence, your model of organisation and operation , the function of the judicial professions and the role of management and judicial discipline that must interact.

PRESIDENCY of the COUNCIL of MINISTERS 2 2. The Organization of the judiciary is the structural basis around which gravitate all matters relating to access to justice, and, for this reason, it is important to interpret, in an integrated perspective, dispute settlement mechanisms, the meaning of the hierarchy of courts, the implementation logic and functioning and the powers they enjoy. If it is true that in the last year has been debating the reform of the judicial organization, limited to the model of organization and functioning of the common jurisdiction of the judicial courts, through the document called ' Strategic Lines for the reform of the Judicial Organisation ', the truth is that, in the course of the work, it was considered necessary to go further, providing forensic professionals , but also the common citizen, a single piece of legislation containing the necessary normative to a comprehensive, systematic seizure and agregadora of the whole system of Justice. Matter, in this aspect, it considers that, without prejudice to the functions of the legal professionals in the system, it is essential that every citizen can easily understand and internalize. 3. The present draft law on the organisation of the Judicial System is based on constitutional recognition of the various regulatory complexes and instances of conflict resolution that currently coexist, in strict as they do not contradict the constitutional values, and intends to make way for a total change of paradigm in our justice system, restructuring the Organization and functioning of the judicial courts and rethinking the Organization and functioning of other jurisdictions.

PRESIDENCY of the COUNCIL of MINISTERS 3 this proposal of Law of organization of the Judicial System finds your organic legislation and regulatory development exists, the create or alter, in accordance with the provisions in it. To some extent, this Bill breaks with a tradition and aims to be a first step towards the consolidation of all the reference legislative framework judicial system. Will be complemented, in the immediate, with a project of Decree-law establishing the system of organization and functioning of the judicial courts and, second, with the revision of the statutes professionals. Afterwards, will have a result with the completion of the ongoing review process, the status of the Administrative and tax Courts. 4. In the wake of the constitutional normative, contemplate on this proposal of the Judiciary Organization Act the main provisions and principles of the system of Justice authorising officers, such as: the qualification of courts as organ of sovereignty, with authority to administer justice in the name of the people; the principle of independence of the courts and your exclusive subjection to the dictates of the law; the principle of independence of the judge; the right of the courts to the coadjuvação on the part of other public authorities; the principle of publicity of hearings of the courts, which allows strengthen the guarantees of protection of citizens to justice and, at the same time, strengthening the public legitimacy of the courts; the consecration of the autonomy of the public prosecutor, as the competent body to represent the State, exercising penal action and defending democratic legality and the interests that the law determine; the principle of access to the law and to effective judicial protection, which results that cannot be denied access to justice because of insufficient economic means and that everyone has the right to obtain a decision by the courts in reasonable time and by fair trial; the obligation to state reasons in the decisions of the courts and your character required for all public and private entities.

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4 5. The Bill that features intended to list in your title II, the various professionals in the justice system, referring to the judges of the judiciary and the administrative and tax jurisdiction and enforcing the constitutional provisions concerning the principles of the independence of judges, the guarantees and incompatibilities and the respective naming rules, placement, transfer and promotion. In addition, indicate the specific nature of the Magistracy of the Public Ministry, the your autonomy, hierarchical subordination of their magistrates, within the framework of that organ, and the impossibility of your transfer, suspension, retirement or dismissal, or in the cases provided for in the law. The reference to lawyers and solicitors, bailiffs, complete the picture of occupations that interact within the judicial system. A bill intended to enquadradora of the judicial organisation could not fail to refer to the Constitutional Court, as a court competent to administer justice in matters of legal and constitutional nature. The provisions relating to the organisation and functioning of the Constitutional Court have on their host organization, Functioning and procedure of the Constitutional Court. 6. Likewise it was important to establish and recognize the key role that the Higher Councils have in the management of the judiciary, giving them the deserved prominence on this proposal for a framework law and organization of the entire system. Accordingly, the Statute of Magistrates will be dropped those provisions, however, all relating to the evaluation and disciplinary matters, as well as all that configure the status of a body of its own, densificando the constitutional provisions.

PRESIDENCY of the COUNCIL of MINISTERS No 5 promotes, with this draft law, amendments to the internal organization of the Higher Councils or the Attorney General of the Republic. Indeed, the Attorney General of the Republic, the disappearance, the legal text, the District Attorney General designation must be used exclusively for the abandonment of the concept of judicial district, avoiding the use of the same term for different types of content. The architecture of the Attorney General of the Republic shall be established in its own headquarters, the status of public prosecutors, and that Headquarters, sought the best articulation that hierarchical organization of the public prosecutor of the District Coordinator. 7. Take advantage of this opportunity, also, for a change in the judicial calendar. The opening of the courts is signalled by the society after the summer holidays in September. The cycle is, in fact, that goes from late summer until the beginning of the summer of the following year. Is this the cycle of forensic professionals, setting and programming to your life in function of this calendar. Then he considered adjusted celebrate the opening of the judicial year in coincidence with this natural cycle, and contemplated a norm which transfers the solemn session which takes place every year in the Supreme Court of Justice for the month of September. Leave the current coincidence with the calendar year and proceeds to your alignment with the judicial year.

8. Is the consensual social and economic transformations occurring deep in recent years led to an increase in litigation, with the consequent demand growth of court custody and pending processes and the long-term most your PRESIDENCY of the COUNCIL of MINISTERS of 6 courts, particularly on economic themes. Have been several legislative measures intended to reverse this trend, some with more success than others, and the reform of the judicial organisation presents itself as decisive in improving access to justice and on increasing efficiency, effectiveness and transparency of the system. The reorganization of the judicial courts attempted on 2008 by Constitutional Government through the 18TH approval of law No 52/2008 of 28 August, although in your heart stop, valid objectives of enlargement of territorial base, installation of specialized jurisdictions nationally and implementing a new management model of the courts, has fallen short of what is considered to be a model adjusted to the functioning of the courts and definitely, the development of a rapid, effective justice and close proximity. The evaluation report on the functioning of the pilot counties, installed under law No. 52/2008 of 28 August, came also denounce some weaknesses in the system however implemented, related to the need to devise integrated human resources framework (judicial magistrates and the public prosecutor's Office and officials of Justice), to consider solutions that allow a greater proximity of Justice to citizens in particular in the jurisdiction of family and minors, and to assess the distribution of specialized courts analyzing, in particular, the existing mobility solutions (distances/roads/public transport).

Moreover, in the current economic and financial situation of the country, it is important to present a concern strengthened the implementation of mechanisms to bring better and more efficient management of human resources and material resources and affects the courts, clearly not contemplated in the said law.

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7 in that regard, the organisational model established in law No. 52/2008 of 28 August, was reequacionado, leaving a greater concentration and specialization of the judiciary, without prejudice to any offer, the pair, a decentralization of legal services coexist, developing and deepening organizational model established. The reorganization in this proposed law is not limited to a simple modification of the conformation of the new territorial districts. It is intended to go further, deepening and widening substantially to the interior of the country to offer judicial specialization and introducing a clear acceleration in the distribution and procedure, a facilitation on affectation and mobility of human resources and an autonomy of the management structures of the courts, to allow them to, inter alia, the adoption of gestionárias practices for goals. It was based on these assumptions that if drew up a broad collection of organizational elements work and purposes, in particular those resulting from the process of implementation of the law No. 52/2008 of 28 August, and the assessment of the results of the pilot counties. This study and evaluation gave way to the document presented in June by the Government known as ' Strategic Lines for the reform of the Judicial Organisation ', which has already been mentioned. The document was the subject of a broad national debate, in which were collected contributions of all actors involved in the change, without prejudice to formal oral hearings resulting now required in relation to this Bill.

Here, matter, in some detail, spell out the main lines of the proposed reorganization of the judicial courts now presented, largely consolidated following the debate on the matter to date has elapsed. 9. Proposes the establishment of a new territorial matrix of judicial districts, PRESIDENCY of the COUNCIL of MINISTERS 8 that allows adding the current counties in broader territorial areas, lining up, as a rule, the administrative districts with the new counties, considered to constitute their capital centralities object from a clear and immediate identification by part of the population , which feature accessibility easy and guaranteed. In fact, the adoption by law No 52/2008 of 28 August, the territorial matrix of NUTS III as a mechanism of Division of judicial districts, carried inherent disadvantages a mismatch between the structure of the courts and other public services, whose organization was not determined for this array. On the other hand, the implementation of new structures of headquarters of counties based on territorial delimitation of the NUTS, supported on a merely economic viewpoint, would be, in some situations, deeply enhancing local conflict and, Furthermore, that the road and cultural circuits do not have these Center seats. That is why we have made the option by administrative district as territorial basis of reference. The administrative district constitutes, in fact, a territorial division that, by your size, and because it is a reality rooted in socio-economic life of the people, reveals itself as more appropriate to a new judicial organization, responding to the rise of the population in General.

In each region (that is, in each administrative district, except two perfectly justified and justified exceptions) there is only one court of first instance, with territorial jurisdiction corresponding to the territorial constituency including, without prejudice to an array adjusted to the specificities of Lisbon and Porto, which will be allocated, respectively, in three and two counties, and an array for the PRESIDENCY of the COUNCIL of MINISTERS 9 the two autonomous regions as a result of the consecration and recognition of his autonomic peculiarities. With regard to the municipalities of Lisbon and the far Bank of the river Tagus (Almada, Seixal, Barreiro, Moita, Montijo and Alcochete), which recognized the existence of forms of economic integration, social dynamics, the sense of mobility of the active population, interdependence and demographic scale mechanisms typical of a metropolitan dimension, we need a model conforming to this territorial unit , what motivates the enlargement of the area of jurisdiction of the District of Lisbon, increasing the specialization of courts, approaching, so too, the Justice of the people and enterprises. Thus, it is proposed the Division of the national territory, for the purposes of the Organization of the judicial courts, the following 23 counties, listed in alphabetical order: Azores, Aveiro, Beja, Braga, Bragança, Castelo Branco, Coimbra, Évora, Faro, Guarda, Leiria, Lisbon, Lisbon, Lisbon, North West, wood, Portalegre, Porto, Porto, Santarém, Setúbal, This Viana do Castelo, Vila Real and Viseu. The headquarters and the territorial area of each region shall be defined in the Ordinance that will approve the Organization and functioning of the Judicial Courts.

As for the territorial circumscription of the Court of appeal, leave if the reference to judicial districts and determines that the territorial jurisdiction of those courts for County groupings reference. It is proposed that the Organization of the judicial court of 1st instance of each judicial district in Central Bodies, preferably located in the district capitals, and in Local Bodies. The Central Authorities have, as a rule, competence for the whole geographical area PRESIDENCY of the COUNCIL of MINISTERS


10 corresponding to the region and deploy civil sections, which process and judge, as a rule, the civil issues worth more than € 50 000, in criminal sections, intended for the preparation and trial of the jurisdiction of the Court or jury, collective and other specialised sections (trade, enforcement, family and Minors, Criminal and labor), which prepare and judge the materials whose competence is attributed by law. The specialised sections may be located at the headquarters of the district or in other municipalities in the district and have, as a general rule, a jurisdiction that covers more than a city, but may still have jurisdiction for the whole region. In this way, it is intended to provide a judicial response even more flexible and closer to the populations. Local authorities consist of sections of jurisdiction of the Court of first instance, which process and judge the causes not conferred on the Central Instance and courts of jurisdiction extended and can unfold in civil, criminal or small crime, and are distributed by the municipalities of the region where appropriate to your existence.



Provides for the extension of the competence of Local Authorities, in civil matters, to causes of value up to € 50 000, without enlargement have any implication on the value of spending limits, which remain unchanged, and for urgent acts in matters of family and minors. Such a measure will strengthen the importance of Local Authorities and will allow the process of channeling more congested courts to other courts that have the smallest volume.

PRESIDENCY of the COUNCIL of MINISTERS 11 Division of Central and Local instance, and corresponding unfolding in specialised sections and generic, introduces a greater degree of specialization in the legal offer and may, likewise, extend or implement, as a rule, in all districts the specialization which, until then, was only accessible to citizens and businesses in major urban centres. Still with regard to the Organization of the Court, it is proposed that sections. In these sections, which are also an integral part of the Local instance, carry out official duties of Justice, who have full access to the information system of procedure of the Court, and responsible for providing general information or procedure in the context of the respective region, receive papers, pleadings and other documents intended for processes that run in any section of the district in which , operacionalizarem and follow the steps of hearing through video-conferencing and other acts as may be determined by the management of the district. Do not assign these units exercise ownership of the judicial function, but in them can be practiced jurisdictional acts and held hearings or trials sessions.



As is already enshrined in national law, the continuation of judicial structures and judge themselves to move certain materials processes, with jurisdiction over the entire national territory-wide territorial jurisdiction courts, which are courts of Specialized Jurisdiction. In fact, if on one hand the specificity of the subject advises the consecration of a specialized structure, the number of cases and the dispersion by the territory, your PRESIDENCY of the COUNCIL of MINISTERS as 12 possibilities for telematic treatment, recommend your treatment by a unit at the national level. The establishment of structures for the management of these courts should be suitable to the new management model and proposed organization, considered the scope of your competence. On the other hand, there are still situations of courts with competencies that span more than one region, as is the case with courts of enforcement of Sentences, which will be maintained and, in these cases, the management procedure objectives to be defined by the judge President of the competent court, in direct liaison with the Superior Council of the Magistracy, and other management skills undertaken by the governing body of the County in which the Court based execution of Penalties in cause. 10. The district, resized depending on the new territorial matrix, will have a new management model, which assigns greater autonomy and that will allow you, in particular, the adoption of gestionárias practices for goals.

Thus, it is proposed that the management of each court of first instance is ensured by a Board of management, centered on the figure of the judge President, but with a tripartite structure consisting of the latter, named in service by choice of the Superior Council of Magistracy, by a public prosecutor Coordinator, appointed Commission by the Board of Governors of the Public Ministry , who heads the Office of MP in the region, and by a judicial administrator, also nominated in service by the President of the Court, by choosing between elements proposed by the Ministry of Justice, through the Director-General of the administration of Justice. This management structure, each player will have their own competence in matters for which it is designed, and the judge President link up with the PRESIDENCY of the COUNCIL of MINISTERS 13 Supreme Judicial Council, the public prosecutor Coordinator with the Superior Council of the Public Ministry, and the judicial administrator with the Department of Justice, through the Director-General of the administration of Justice , being reserved some matters to resolution of the Board of management, in particular those relating to staffing and the definition of places to fill in the region, considered the powers of the Prosecutor's own services and legal services. It is appropriate this tripartite structure, as well as the form of appointment of its members, taking into account the necessary convergence that integrated a court implies, in a different joint legitimacies and competencies. It is proposed that, when the total of sections installed in a municipality serving more than five judges may be appointed magistrates court coordinators, exercising delegated powers of judge President under the respective sections and appointed by the Supreme Judicial Council, on a proposal from the judge President.


As mentioned, the Presidency of the Court it will be up to a judge, with powers of representation, and direction of the comarca, procedural, administrative management and functional. Among the most relevant, enhance the skills of implementing working methods and measurable objectives for each organic unit, particularly in establishing appropriate procedural volume indicators, monitoring and evaluation of the activity of the Court, in particular the quality of the services provided to citizens, and the movement of procedure of the Court, identifying the cases pending for long considered excessive or that are not resolved in a period considered reasonable. The public prosecutor Coordinator is responsible for directing and PRESIDENCY of the COUNCIL of MINISTERS coordination activity 14 public prosecutor in the region, competing him in particular, monitor the development of the goals set for the services of the public prosecution service, proceed to the distribution of the service between public prosecutors from the same region and between Deputy Prosecutors and propose to the Board of Governors of the public prosecutor's Office reafetação to prosecutors within the same region or affectation of processes , to processing, to another magistrate other than your holder. The Judiciary Administrator has administrative and management skills, such as the direction of the secretariat services of the region, the management of the use of facilities, equipment and spaces of the Court, the distribution of the budget of the region, after approval, and its implementation, under the guidance of the Ministry of Justice.



In this model, the judge President, without prejudice to the powers of direction and court representation, your action will focus on the effective implementation of the court management functions, in particular on procedural and management assignments for setting goals in this area, in conjunction with the Superior Council of the Magistracy, relegating to the judicial administrator the functional nature and administrative skills, in a permanent joint between the organs of local administration of courts and the organs of the central administration , with powers from the Administration and management of public financial resources and materials. It is expected the prior appointment of members of management so they can monitor the implementation of the new districts, namely with promotion of the PRESIDENCY of the COUNCIL of MINISTERS 15 rules of transfer of processes that ensure fewer Redistributions. Cling, so, without reservations, to the need to phase the implementation of the new model of judicial organization, whose entry into force is expected to occur throughout the national territory, with no exceptions, as fundamental and necessary condition for your success. As established in law No. 52/2008 of 28 August, the forecast of a body acting in an advisory capacity for each region-Advisory Board-consisting of the integral elements of the governing body and representatives of the other judicial professions, participants in the activity of the region, the municipalities that integrate and users of services of Justice. This new model promotes the involvement of practitioners and the community in the management of the district and contributes to the homogenization of the judicial response throughout the country. 11. The implementation, in the courts, management by objectives mechanisms is determinant in the implementation of the principle of effective judicial protection. In fact, the management of the judicial system in the light of objectives preferably quantified, in each region and in each section, constitutes an essential change to combat procedural delays, expressly reflected as a measure to implement the program of this Government. In this line, the annual, in June, a meeting between the Superior Council of the Magistracy, the High Council of the Public Ministry and the Member of Government responsible for the area of Justice with a view to carrying out an assessment of the strategic objectives for the subsequent year, on the set of the courts of first instance. Based on the strategic objectives defined, the judge President of the District Court and the public prosecutor Coordinator, the respective Councils, PRESIDENCY of the COUNCIL of MINISTERS 16 1 proposal for procedural purposes the district, subject to approval of same. At the end of each year a report shall be drawn up for each region, communicating the degree of compliance with the established objectives and indicating the causes of major deviations. Being the district consists of a single judicial court of first instance, with an area of territorial jurisdiction expanded, the management of this structure requires that there is a single budget, a single map for the staff of Justice, integrated into a single secretariat for the whole region and that the number of judges is also set for the region in a global way. 12. The proposed reform could not neglect the need of crucial changes in the human resources management system, including courts of judges and justice officials. As mentioned, each judicial district must have a single map for justice officials, and the number of magistrates also be set globally for the district. Providing greater malleability, adopts the principle of fixing the overall number of judges for each district per interval, advocating that the bottom number corresponds to the number of judges suitable for the processing of regular movement expected of processes and the maximum number results of increase deemed necessary to respond to the collection of arrears cases pending in the same court. In addition, it is expected that, upon proposal by the judge President of the region, can the Superior Council of the Judiciary determine judges or your reafetação affectation to the processing of other processes, within the region, in view of the procedural load balance and efficiency of services. Similarly, can the judge President propose to the Council the exercise of functions of judges in more than one section of the PRESIDENCY of the COUNCIL of MINISTERS


17 same comarca, respected the principle of specialisation of judges, considered the needs of the service and the existing procedure volume. As for bailiffs, this law should be enhancing the introduction of mobility mechanisms in the respective statute permitting a greater adjustment between existing resources and the needs of each court. In this aspect, the amendments to the Statute of the court officers must be compatible even with the powers in this Bill if you attach to the judicial administrator, replacing bailiffs within the same region and in legally defined limits, by reasoned decision and where is abandoned the use of bailiffs which are availability. 13. In line with the cast about the various categories of constitutional courts, reference is made to the Court of Auditors as supreme organ of supervision of the legality and regularity of revenue and expenditure and the trial of accounts that send law refer to it, which is responsible for sound financial management and effective responsibility for financial violations. 14. The inclusion in this proposal of law, the administrative and tax jurisdiction aims to consider a subsequent adjustment of your organization and operation (reflected in the status of administrative and Tax Courts) to the proposed reorganization model for the judicial courts, in particular with regard to the Division of judicial districts, the structure and organisation of the administrative and tax courts and the respective management model. In fact, it is considered that the model here signed for the judicial courts should be paradigmatic in the Organization of the courts. However, since, on this date, the work of the Committee responsible for the study of the revision of the Code of administrative procedure, the status of courts PRESIDENCY of the COUNCIL of MINISTERS Administrative and fiscal and 18 of the code of Administrative Courts Procedure, established by Decree No. 9415/2012, and State Ministers of finance and justice, published in the Diário da República, second series , 12 July, means that this is the seat that the debate on these matters should be deepened and worked. 15. The judicial courts are certainly the largest and most important public resource of Justice, but are far from the only instance of dispute resolution. As we know, there are other alternative means of conflict resolution created by the State or by the company itself, as the arbitral tribunals, mediation services or justice of the peace.



The means of alternative dispute resolution have constitutional consecration expressed and, in recent years, as a way to address the inability of courts in swift and effective resolution of sociojurídica demand that they are directed, looking equally greater specialization. With reference to the present Bill to alternative dispute resolution mechanisms (mediation, arbitration courts and justices of the peace), we intend to take, clearly, the need for development of Justice Award, which was established in the 19TH Constitutional Government program, where he states that ' in the fields of civil, commercial, labour justice, administrative and fiscal, the State citizens and businesses will provide an important step if they have alternative means to the courts, and can deliver the resolution of their disputes to arbitral tribunals». 16. Meets, as final note, pointing out that the present draft law on the organisation of the Judicial System should not be seen in isolation, but as part of a broader work of reform of the whole judicial system, which includes: the PRESIDENCY of the COUNCIL of MINISTERS 19 review of the code of Civil procedure, the amendment, already referred to , of diplomas concerning the administrative and tax jurisdiction, the amendment of legislation relating to justices of the peace and the implementation of the plan of action for Justice in the information society. Were heard the Superior Council of the Magistracy, the High Council of the Public Ministry, the Board of Governors of the Administrative and fiscal Courts, the Bar Association, the Chamber of notaries, the Chamber of bailiffs, court clerks ' Union and the National Association of Portuguese municipalities was promoted to the Superior Council of the judiciary, of the Supreme Council of the Public Ministry, the Board of Governors of the Administrative and tax Courts the Council of Justice, officers of the Trade Union Association of Portuguese Judges, the prosecutors ' Union, the Association of bailiffs and the syndicate of bailiffs. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: title I General provisions and principles article 1 object to this law establishes the framework and rules of the Organization of the judicial system. Article 2 of the COUNCIL of MINISTERS PRESIDENCY 20 Courts and judicial function 1-the courts are sovereign bodies with competence to administer justice on behalf of the people. 2-the judicial function is exercised by the courts. 3-in the administration of Justice, it is for the courts to ensure the defence of the rights and legally protected interests, repress the violation of democratic legality and settling the conflicts of public and private interests.

Article 3 1-the public prosecutor public prosecutor's Office represents the State, defends the interests that the law determine, participates in the implementation of criminal policy defined by the organs of sovereignty, exerts the penal action guided by the principle of legality and defend democratic legality, under the Constitution, the respective statutes and the law. 2-the public prosecutor enjoys rights and autonomy in relation to other central authorities, regional and local levels, in accordance with the law. 3-the autonomy of the Public Ministry is characterized by linking to your criteria of legality and objectivity and by the exclusive subjection of prosecutors to the directives, orders and instructions laid down in the law. TITLE II chapter I Judges Judicial Professions article 4 PRESIDENCY of the COUNCIL of MINISTERS


independence of judges 1-21 the judges judge only according to the Constitution and the law. 2-the independence of judges is guaranteed by the existence of a private organ of management and discipline of the judiciary, by tenure and not subject to any orders or instructions, unless a duty of compliance of the decisions made in the process of appeal by superior courts.

3-the judges cannot be held accountable for their decisions, save exceptions stated in the law. Article 5 guarantees and incompatibilities 1-judges are irremovable and may not be transferred, suspended, retired or dismissed if not in the cases provided for in the respective Statute. 2-the judges may not perform any other public or private function except the faculty or scientific research functions of legal nature, without payment, in accordance with the law. 3-the judges in Office cannot be appointed for strange service commissions to the activity of the courts without the authorization of the competent judicial Council. 4-the law may establish other incompatibilities with the exercise of the function of judge. Article 6 Appointment, placement, transfer and promotion of judges 1-the appointment, placement, transfer and promotion of judges of the judicial courts and the exercise of disciplinary action compete to the Supreme Judicial Council, in accordance with the law.

PRESIDENCY of the COUNCIL of MINISTERS-22 2 the appointment, placement, transfer and promotion of judges of the administrative and tax courts as well as the exercise of disciplinary action, the Board of Governors compete administrative and Fiscal courts, in accordance with the law. 3-the law defines the rules and determines competence for appointment, placement and transfer, as well as to the exercise of disciplinary action in relation to judges of other courts, with the guarantees provided for in the Constitution safeguard.

Article 7 of the judicial courts Judges 1-judges of the judicial courts are the judicial magistrates, form a single body and are governed by the respective regulations, applicable to all judicial magistrates, whatever situation they are in. 2-the law determines the requirements and rules for the recruitment of the judges of the judicial courts of first instance. 3-the recruitment of judges of the judicial courts of 2nd instance does with prevalence of the criterion of merit by competition between judges of 2nd instance curriculum. 4-access to the Supreme Court of Justice is made by curricular contest open to judicial magistrates and public prosecutors and other legal experts of merit, in accordance with the law determine. Article 8 Administrative and tax courts Judges 1-the judges of the administrative and tax jurisdiction form a single body and shall be governed by the provisions of the Constitution, by the respective staff regulations and other applicable legislation and, in the alternative, by the Statute of judicial magistrates, with the necessary adaptations.

PRESIDENCY of the COUNCIL of MINISTERS 23 2-the judges of the administrative and tax jurisdiction are subject to the incompatibilities laid down in the Constitution and in the law and are governed by the Statute of judicial magistrates in aspects not provided for in the Statute itself.

CHAPTER II prosecutors article 9 1-Public prosecutors Are prosecutors: a) the Attorney General of the Republic; (b)) the Deputy Attorney General of the Republic; c) The Deputy Attorneys General; d) public prosecutors; e) Deputy Prosecutors. 2-prosecutors are responsible and hierarchically subordinates, without prejudice of your autonomy, in accordance with the respective status. 3-the magistrates of the Public Ministry is parallel to and independent judiciary. Article 10 representation of the Public Ministry 1-the public prosecutor is represented: a) the Supreme Court of Justice, the Constitutional Court, the Supreme COUNCIL of MINISTERS PRESIDENCY 24 administrative court and the Court of Auditors, by the Attorney-General of the Republic, which may be replaced by Deputy Attorneys General;

(b)) in the courts of appeal and Central Administrative courts by Attorneys-General; (c)) in the courts of jurisdiction extended sections of central and local instance instance and administrative courts and tax courts circle, by Deputy Attorneys General, public prosecutors and Deputy Prosecutors. 2-in the courts or sections referred to in paragraph 2 of article 79 and paragraph 3 of article 81 the representation is ensured, as a rule, by the Prosecutor of the Republic, with the exception of implementing sections, whose representation is ensured by Deputy Prosecutor. 3-the magistrates referred to in paragraph 1 they replace in accordance with the Statute of the Prosecutor's Office. Article 11 Appointment, assignment, transfer and promotion of prosecutors 1-public prosecutors cannot be transferred, suspended, retired or dismissed, if not in the cases provided for in the respective Statute. 2-the appointment, placement, transfer, promotion, dismissal, the assessment of professional merit, the exercise of disciplinary action and, in General, the practice of all the acts of a similar nature relating to public prosecutors, with the exception of the Attorney General of the Republic, compete to the Attorney General of the Republic, through the Board of Governors of the Public Ministry.

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Solicitors and barristers, CHAPTER III, article 12 1-sponsored forensic Lawyers by Attorney constitutes an essential element in the administration of Justice, and is admissible in any process, and cannot be prevented before any jurisdiction, authority or public or private entity. 2-For Defense of rights, interests or individual guarantees entrusted to them, the lawyers can request the intervention of the competent courts, fitting them, without prejudice to the provisions in the laws of procedure, practice the acts themselves provided by law, and in particular exercise the forensic and legal consultation mandate. 3-in the exercise of your activity, lawyers must act with complete independence and technical autonomy and free and responsible, and is only linked to criteria of legality and the ethical rules of the profession. Article 13 immunity of mandate 1-lawyers the law ensures the lawyers the immunities necessary for the exercise of their own acts of free, independent and responsible way, regulating them as indispensable to the administration of Justice. 2-to ensure the free and independent exercise of mandate entrusted to them, the law ensures the lawyers the immunities required for effective performance, PRESIDENCY of the COUNCIL of MINISTERS in particular: 26) the right to the protection of professional secrecy; (b)) the right to free exercise of patronage and by not sanctioning the practice of acts in accordance with the status of the profession; c) the right to special protection of communications with the customer and to the preservation of the confidentiality of documents relating to the exercise of defence; d) the right to the specific imposition of stamps, inventories and searches in lawyers ' offices, as well as seizure of documents. Article 14 order of Lawyers to the Bar Association is the representative of lawyers public association, which enjoys independence in relation to the organs of the State and is free and autonomous in their rules, in accordance with the law. Article 15 1 Solicitors-solicitors involved in the administration of Justice, the court order in the cases and with the limitations provided by law. 2-in the exercise of your activity, solicitors must act with complete independence and technical autonomy and free and responsible, and is only linked to criteria of legality and the ethical rules of the profession. 3-the law ensures solicitors the right conditions needed to exercise independent of the mandate entrusted to them.

PRESIDENCY of the COUNCIL of MINISTERS 27 article 16 Chamber of bailiffs the Chamber of bailiffs is the public representative Association of solicitors, enjoying legal personality. Article 17 Facilities for use of the Bar Association and the Chamber of bailiffs 1-the Bar Association and the Chamber of bailiffs have the right to the exclusive use of installations in the buildings of the courts since these are reserved, and may, through Protocol, be set burden-sharing with regard to equipment and costs of its care and maintenance. 2-The legal representatives have the right to the exclusive use of facilities that, in view of their duties, they are intended for. CHAPTER IV officers of Justice article 18 official career of Justice 1-the nature and specificity of the functions which the Court ensures and develops, integrates career of special regime laid down in the law. 2-bailiffs carry out specific functions in accordance with the functional and content under the conditions laid down in their statutes, and ensure, in the departments of courts and public prosecution services, office hours and the regular conduct of processes, in accordance with the law.

PRESIDENCY of the COUNCIL of MINISTERS article 19 Status 28 bailiffs are governed by statutes. Article 20 admission to Career Placement, placement, transfer and provision of leadership positions in the General Direction of the administration of Justice, in accordance with the law. Article 21 rights, duties and incompatibilities 1-bailiffs enjoy general rights provided to the workers and public functions are subject to the duties and incompatibilities for these. 2-bailiffs still enjoy special rights and are subject to the duties and incompatibilities arising from the tasks assigned and listed in the respective professional status. TITLE III article 22 Courts Independence of courts the courts are independent and are subject only to the law.

Article 23 PRESIDENCY of the COUNCIL of MINISTERS Coadjuvação 29 1-in the performance of their duties the courts are entitled to coadjuvação of other authorities. 2-the provisions of the preceding paragraph shall cover in particular, where necessary, of the facilities and the maintenance of order by security forces. Article 24 1-court decisions court decisions which are not mere hours are based on the form provided for in the law. 2-court decisions are binding on all public and private entities and take precedence over those of any other authorities. 3-the law regulates the terms of execution of the decisions of the courts in respect of any authority and determines the penalties to be applied to those responsible for your implementation. Article 25 the Court Hearings the hearings of the courts are public, except when the Court itself, in a reasoned order, decide otherwise, for safeguarding the dignity of persons and public morality or to ensure your normal functioning.

Article 26 access to effective judicial protection and right PRESIDENCY of the COUNCIL of MINISTERS


30 1-everyone is guaranteed access to the law and to the courts for protection of their rights and legally protected interests, and may not be justice denied for insufficient economic means. 2-everyone is entitled to information and legal consultation, legal sponsorship and be accompanied by a lawyer before any authority, in accordance with the law. 3-everyone is entitled to a cause in which to intervene is in reasonable time object and by fair trial. 4-For protection of personal rights, freedoms and guarantees, the law ensures judicial procedures citizens characterized by speed and priority, in order to obtain effective and timely tutelage, against threats or violations of these rights. Article 27 1-year judicial year beginning 1 September. 2-the opening of the legal year is marked by the completion of a formal sitting in the Supreme Court of Justice, in which use of the word, in its own right, the President of the Republic, the President of the Assembly of the Republic, the President of the Supreme Court of Justice, the Prime Minister or the Member of Government responsible for the area of Justice, the Prosecutor-General and the Chairman of the bar.

Article 28 legal Holiday legal holidays from 22 December to 3 January, Palm Sunday to the PRESIDENCY of the COUNCIL of MINISTERS Monday 31 of Easter and of 16 July to 31 August. Article 29 categories of courts 1-in addition to the Constitutional Court, there are the following categories of courts: a) the Supreme Court of Justice and the judicial courts of first and second instance; (b)) the Supreme Administrative Court and the administrative and tax courts too; (c)) the Court of Auditors. 2-The judicial courts of second instance are, as a rule, courts of appeal and are called by the name of the municipality in which they are installed. 3-The judicial courts of first instance are, as a rule, the district courts. 4-can exist arbitral tribunals and justices of the peace. TITLE IV article 30 constitutional court competence and composition 1-at constitutional court competes specifically administer justice in matters of legal and constitutional nature.

2-composition, competence, organization and functioning of the Constitutional Court referred to in the Constitution and in the law. Title V judicial Courts PRESIDENCY of the COUNCIL of MINISTERS 32 chapter I structure and organization Article 31 Supreme Court 1-the Supreme Court is the top of the hierarchy of the judicial courts, without prejudice to the competence of the Constitutional Court. 2-the Supreme Court acts as Court of instance where the law determine. Article 32 Courts of appeal 1-the area of jurisdiction of the courts of appeal, except as provided in this Act, is defined in accordance with Annex I to this Act, which is an integral part. 2-can be obtained, by Ordinance, the creation of courts of appeal or to the amendment of the respective area of competence, after hearing of the Superior Council of the judiciary, the Attorney General of the Republic and of the Bar Association. 3-the courts of appeal may work in sections.

Article 33 judicial Courts of 1st instance 1-The judicial courts of first instance include extended territorial jurisdiction courts and district courts. 2-the national territory is divided into 23 districts, in accordance with annex II to this law, PRESIDENCY of the COUNCIL of MINISTERS 33 of which it forms an integral part. 3-In each of the divisions referred to in the preceding paragraph there is a judicial court of 1st instance, designated by the name of the region where it is installed. 4-headquarters and the territorial area are defined in the decree-law establishing the rules applicable to the organisation and functioning of the judicial courts. Article 34 Advisors the Supreme Court and courts of appeal have advisors who assist the judicial magistrates and prosecutors, as defined in the law. Article 35 Department of the President of the District Court and the magistrates courts and public prosecutor, Each region or group of regions, can be provided with support offices intended to ensure assistance and technical advice to the Presidents of the courts and the judicial magistrates and the public prosecutor, depending on the Supreme Judicial Council and the Attorney General of the Republic , respectively, in accordance with the set by Ordinance. Article 36 1 Shifts us courts are organized shifts to ensure the service should be run during the judicial vacations or when the service justifies it. 2-in the courts can still be organized shifts to ensure the urgent service prescribed by law, that should be performed on Saturdays, holidays falling on us PRESIDENCY of the COUNCIL of MINISTERS Monday and 34 on the second day, holiday in case of consecutive holidays. 3-By service provided pursuant to paragraph 1 is due remuneration supplement, to be defined by decree-law. CHAPTER II Jurisdiction article 37 and Extension limits of 1-competence In national legal systems, the power breaks down by judicial courts second, value, the hierarchy and the territory. 2-the law of procedure sets out the factors to which the international competence of the judicial courts. Article 38 1 racing-fixing the competence fixed at the time the action is proposed, being irrelevant that modifications occurring later, except in the cases specifically provided for by law.

2-are equally irrelevant changes of law, except if it is deleted the organ to which the cause was affects or is assigned competence that initially lacked knowledge of the cause. Article 39 prohibition for change of jurisdction no cause can be shifted from the Court or competent section to another, except in the cases specifically provided for by law.

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35 article 40 Jurisdiction on grounds of matter 1-judicial courts have jurisdiction for the causes that are not assigned to another court order. 2-this law determines the jurisdiction, on account of the matter, between the judicial courts of first instance, establishing the causes that compete at specialised sections of the district courts or the courts of jurisdiction. Article 41 Jurisdiction on grounds of value this law determines the competence, value, between instances of the district courts, establishing the causes that compete to the civil sections of the central bodies and the judicial sections of the local bodies, civil process in declarative common.

Article 42 on the grounds of Competence 1-judicial courts hierarchy are tiered to appeal its decisions. 2-as a rule, the Supreme Court of Justice, on appeal, of the causes whose value exceeds the jurisdiction of the courts of appeal and these cause whose value exceeds the purview of the judicial courts of first instance. 3-In criminal matters, the competence is defined in the respective process law.

PRESIDENCY of the COUNCIL of MINISTERS 36 Article 43 Jurisdiction on grounds of territory 1-the Supreme Court of Justice has jurisdiction throughout the territory, the courts of appeal and the judicial courts of first instance, in the area of the respective constituencies. 2-the law of process indicates the factors that determine, in each case, the local jurisdiction shall be determined. Article 44 1-Jurisdiction in civil matters, the jurisdiction of the courts of appeal is € 30 000 and the Court of first instance is € 5 000. 2-In criminal matters there is jurisdiction, without prejudice to the procedural provisions relating to admissibility of appeal. 3-the admissibility of resources for purposes of jurisdiction is governed by the law in force at the time it was established the action.

CHAPTER III Supreme Court section I General provisions article 45 the Supreme Court is headquartered in Lisbon. Article 46 COUNCIL PRESIDENCY of 37 MINISTERS powers of cognition outside the cases provided by law, the Supreme Court only knows law matter. SECTION II organisation and operation article 47 1-Organization the Supreme Court of Justice comprises sections on civil matters, criminal law and social legislation. 2-in the Supreme Court of justice there is also a section for trial of the deliberations of the Supreme Judicial Council. 3-section referred to in the preceding paragraph is the oldest of its Vice-Presidents, who shall have the casting vote, and by a judge from each Chamber, and successively appointed, having regard to the respective seniority. Article 48 1 Operation-the Supreme Court of Justice works, under the direction of a President, in the plenary of the Court, in the middle of the specialised sections and sections. 2-the plenary of the Court shall be composed of all the judges who make up the sections and can only work with the presence of at least three quarters of judges in Office. 3-to full sections or of the respective joint sections shall be applicable, mutatis mutandis, the provisions of the preceding paragraph. 4-the judges take seat alternately to the right and to the left of the President, according to the order of seniority.

PRESIDENCY of the COUNCIL of MINISTERS article 49 38 sections 1-Fill the Superior Council of the Magistracy shall, whenever it deems convenient, on a proposal from the President of the Supreme Court of Justice, the number of judges that make up each section. 2-the President of the Supreme Court of Justice judges distribute by sections, taking successively into account your level of expertise, the convenience of the service, and the preference expressed. 3-the President of the Supreme Court of Justice may authorise the change of section or the exchange between judges of different sections, with observance of the provisions of the preceding paragraph. 4-When the rapporteur change section, maintain your competence and of his deputies who have been seen to trial. Article 50 military Judges in the Supreme Court of justice there is a military judge for each branch of the armed forces and one of the National Republican Guard (GNR). Article 51 Sessions the sessions take place according to schedule, and the date and time of hearings appear in table posted, in advance, in the lobby of the Court, and may the same be made public by electronic means. SECTION III Competence PRESIDENCY of the COUNCIL of MINISTERS article 52 39 plenary Jurisdiction of the Supreme Court of Justice, working in plenary: the) judge the decisions handed down by the full resources of the criminal sections; b) exercise the powers conferred by law too. Article 53 the full Powers of the Chambers for the full sections, according to your expertise: the) judge the President of the Republic, the President of the Assembly of the Republic and the Prime Minister for crimes committed in the performance of their duties; b) to judge the capabilities of judgments given in first instance by sections; c) Standardize case law, under the law of procedure. Article 54 section 1 Specialization-civil sections judge the causes that are not assigned to other sections, the criminal judge sections the criminal causes and social sections judge the causes referred to in articles 124 and 125. 2-the causes referred to in articles 109, 110, 111 and 127 are distributed to the same section. Article 55 section Competence Competes to sections, according to your expertise: the) judge the resources that are not the responsibility of full of PRESIDENCY of the COUNCIL of MINISTERS


40; b) Judging processes for crimes committed by judges of the Supreme Court of Justice and the Court of appeal and prosecutors serving together of these courts, or assimilated, and resources concerning administrative offences relating to them; c) judge the actions against judges of the Supreme Court of Justice and the Court of appeal and prosecutors serving together of these courts, or treated as, because of their functions; d) of applications for habeas corpus, due to illegal arrest; and the review requests) of criminal judgments, decreeing the cancellation of irreconcilable feathers and suspend the execution of the penalties when enacted the revision; f) Deciding on the application for conferral of jurisdiction to another court of the same species and hierarchy, in cases of obstruction to the exercise of jurisdiction by the Court with jurisdiction; g) Judge, through the rapporteur, the terms of this resources committed by the process; h) Practice, in accordance with the law, legal acts relating to investigation, the criminal, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (a)) article 53 and in subparagraph (b)) of this article; I) exercise the powers conferred by law too. Article 56 Trial in sections 1-outside the cases referred to in the law of process and in points (a) to (g)) and h) of the preceding article, the judgement in sections is made by three judges, a judge the function of PRESIDENCY of the COUNCIL of MINISTERS rapporteur 41 and the other judges the Deputy functions. 2-the intervention of the judges of each trial section is in accordance with the law, according to the order of precedence. 3-When a section is not possible to obtain the number of judges required to examine the case and the decision of the case, are called to intervene the judges in another section of the same specialty, starting with the immediate the judge has affixed the last seen. 4-it is not possible to call to intervene in the same specialty, judges are called the social section if the failure occurs in the civil section or the criminal section and the civil section if the failure occurs in the social section. SECTION IV Judges of the Supreme Court of Justice article 57 judges 1 frame-the frame of the judges of the Supreme Court of Justice is laid down in Decree-law laying down the arrangements applicable to the Organization and functioning of the judicial courts. 2-in the cases provided for in paragraph 2 of article 11, paragraph 3 of article 54 and paragraph 1 of article 137 of law No. 21/85 of 30 July, the framework referred to in the preceding paragraph is automatically increased in number of posts, to extinguish when they bring the effective service judges who find themselves in the situations mentioned. 3-the judges appointed to the increased places referred to in the preceding paragraph shall remain as judges beyond the frame to fill the vacancies for which they compete. Article 58 Judges in addition to the PRESIDENCY of the COUNCIL of MINISTERS framework 42 1-when the service warrants, particularly by the number or complexity of processes, the Supreme Judicial Council can propose the creation, in the Supreme Court of Justice, of places beyond the frame. 2-the places referred to in the preceding paragraph claims will be null and void after two years on the date of your creation, keeping the situation beyond the framework the judges for these nominees to fill the vacancies for which they compete, pursuant to paragraph 3 of the preceding article. 3-the appointment of judges, in accordance with this article, in compliance with the General rules for the provision of parking spaces. 4-the creation of posts referred to in paragraph 1 is approved by order of the members of the Government responsible for the areas of finance and justice. Section V the Court Presidency article 59 1-Court judges advisers who make up the Board of the Supreme Court of Justice elect from among themselves and by secret ballot, the President of the Court. 2-is elected President judge that gets more than half of the votes validly cast. 3-in the case of any of the judges to obtain the number of votes referred to in the preceding paragraph, according to which suffrage compete only the two top judges, applying, in the case of a tie, the criterion of seniority in category. 4-in the event of a tie in the second, suffrage is considered elected President the older of the two judges. Article 60 PRESIDENCY of the COUNCIL of MINISTERS 43 Precedence the President of the Supreme Court of Justice takes precedence of all the judges. Article 61 1 President's term of Office-the term of Office of President of the Supreme Court of Justice lasts for five years, not being allowed to re-election.

2-the outgoing President shall remain in Office until the inauguration of the new President. Article 62 powers of the President 1-the President of the Supreme Court of Justice: a) presiding over the plenary of the Court, to full sections and, when they watch, to conferences; b) Approve the tables of ordinary sessions and extraordinary sessions be convened; c) measuring won at conferences; d) Vote whenever the law determine, by signing, in this case, the judgment; and give ownership to the Vice-Presidents,) to the judges, the Registrar of the Court and the Presidents of the courts of appeal; f) direct the Court, oversee in their services and ensure your normal operation, issuing work orders which required; g) Exercise disciplinary action on the court officers on duty at the Court in respect of gravity lower than the penalty of fine;

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44 h) perform the other functions assigned to it by law. 2-The judgments given pursuant to subparagraph (f)) of the preceding paragraph appeal straight to the Litigation section of the Supreme Court of Justice and, in accordance with paragraph (g)), to the plenary of the Superior Council of Magistracy. 3-it is still the President of the Supreme Court of Justice rule on conflicts of jurisdiction whose assessment does not belong to the Court of conflicts and conflicts of competence that occur between: a) The top of the sections; b) sections; (c) courts of appeal); d) the courts of appeal and district courts; and county courts) based in different courts of appeal area. 4-the jurisdiction referred to in the preceding paragraph is delegável us Vice Presidents. Article 63 Vice Presidents 1-the President of the Supreme Court of Justice shall be assisted by two Vice-Chairmen. 2-the election and Office of the term of Office of the Vice-Presidents shall apply in relation to the President, notwithstanding that, as for the election, is established in the following paragraphs. 3-going on election of Vice-Presidents simultaneously, elected judges who obtain the largest number of votes. 4-In case of equal number of votes, a second ballot, which compete only the judges among which the draw took place. 5-Subsisting the tie in the second, suffrage elected judge or judges of the COUNCIL of MINISTERS PRESIDENCY older 45 in the category.



Article 64 1-replacing the President in his absence and impediment, the President of the Supreme Court of Justice shall be replaced by the oldest Vice President in Office or, if it is equal to the antiquity of the Vice-Presidents, the former in the category. 2-missing or being prevented both Vice-Presidents, the President is replaced by the most senior judge in exercise. 3-having regard to the needs of service, the Supreme Judicial Council, on a proposal from the President of the Supreme Court of Justice, determines the cases in which the Vice-Presidents may be exempted or privileged in the distribution of processes. Article 65 Presidents of Chambers 1-each section is chaired by judge of those who compose it, is annually elected your President by the respective full. 2-the election referred to in the preceding paragraph is carried out by secret ballot, without discussion or debate, at the first session of each judicial year presided over for this purpose by the President of the Supreme Court of Justice or, for your delegation, by one of the Vice-Presidents. 3-it is the President of the Chamber to preside at sections and exercise with a proper PRESIDENCY of the COUNCIL of MINISTERS 46 adaptations, the functions referred to in paragraph 1 (b)), c) and (d)) of paragraph 1 of article 62 CHAPTER IV Courts of appeal section I General provisions article 66 the definition, organisation and operation 1-the courts of appeal are, as a rule, courts of second instance and are called by the name of the municipality in which they are installed. 2-the courts of appeal operate, under the direction of a President in plenary and sections. 3-the courts of appeal shall include sections on civil matters, criminal law, social legislation, with regard to the family and minors, on trade, intellectual property and competition, regulation and supervision, without prejudice to the next paragraph. 4-the existence of the social sections, of family and minors, trade, intellectual property and competition, regulation and supervision depends on the volume or complexity of the service and are installed by the Supreme Judicial Council, on a proposal from the President of the respective Court of appeal. 5-the courts of appeal can organize common services for administrative purposes. Article 67 PRESIDENCY of the COUNCIL of MINISTERS framework 47 judges 1-the Board of judges of the Court of appeal is set out in Decree-law laying down the arrangements applicable to the Organization and functioning of the judicial courts. 2-the appointment of judges to the courts of appeal. Article 68 military Judges the judges of the courts of appeal of Lisbon and of Porto provide a military judge for each branch of the armed forces and one of the GNR. Article 69 of the Ministry Public Representation in the courts, the public prosecutor is represented by Deputy Attorneys General designated in Commission by the Board of Governors of the Public Ministry, and may be assisted by other attorneys general or by public prosecutors, in accordance with the law. Article 70 subsidiaries Provisions shall apply to courts of appeal, with the necessary adaptations, the provisions of paragraphs 2 and 4 of article 48 and articles 49 and 51. SECTION II Jurisdiction article 71 plenary Jurisdiction to the courts of appeal shall be responsible, working in plenary, exercise the powers of the COUNCIL of MINISTERS PRESIDENCY 48 conferred by law.

Article 72 competence of sections Competes to sections, according to your expertise: the) Judge resources; b) judge the actions against judges and military judges of first instance, public prosecutors and Deputy Prosecutors, because of their functions; c) Judging processes for crimes committed by military judges and magistrates referred to in the preceding paragraph and resources concerning administrative offences relating to them; d) judge the judicial processes of international judicial cooperation in criminal matters; e) judge the processes of review and confirmation of sentence, without prejudice to the competence legally assigned to other courts; f) Judge, through the rapporteur, the terms of the resources to be committed by the process; g) Practice, in accordance with the law, legal acts relating to investigation, the criminal, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (c)); h) Exercise the other powers conferred by law.



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SECTION III Chair article 73 1-President judges who make up the Board of the Court of appeal shall elect from among themselves and by secret ballot, the President of the Court. 2-is applicable to the election and the exercise of the mandate of President of the relationship, with any necessary adaptations, the provisions of paragraphs 2 and 3 of article 59 and article 61. Article 74 powers of the President 1-jurisdiction of the President of the Court of appeal shall apply, mutatis mutandis, subparagraphs (a) to (d))), f), (g)) and h) of paragraph 1 of article 62. 2-the President of the Court of appeal is competent to rule on conflicts of jurisdiction between courts of the respective court's competence area, and may delegate this competence in the Vice President. 3-it is still the President give ownership to the Vice President, the judges and the Registrar of the Court. 4-the provisions of paragraph 2 of article 62 decisions made on identical subjects by the President of the Court of appeal. Article 75 1 Vice President-the President of each court of relationship is assisted and replaced by a vice President, which may delegate the exercise of its powers.

PRESIDENCY of the COUNCIL of MINISTERS 50 2-is applicable to the election and Office of the Vice President's mandate the provisions of article 63. 3-In his absences and impediments, the Vice President is replaced by the oldest of the judges in Office. 4-apply to the Vice President the provisions in paragraph 3 of article 64. Article 76 subsidiary Provision applies to courts of appeal, with the necessary adaptations, the provisions of article 65. Chapter V judicial Courts of 1st instance section I General provisions article 77 District Courts The judicial courts of first instance are, as a rule, the district courts and are called by the name of the constituency in which they are installed. Article 78 1 Jurisdiction-it is up to the district courts and judge cases concerning causes not covered by the jurisdiction of other courts. 2-The district courts are competent and specialised. Article 79 PRESIDENCY of the COUNCIL of MINISTERS 51 1-Unfolding The district courts are in: integrating central sections) instances of a specialised; b) local Instances that make up ordinary civil sections and sections. 2-Central instances can be created the following specialised sections: Civil); (b) Criminal); c) criminal; d) family and minors; e); (f)); g) execution. 3-local instances, sections of jurisdiction may still unfold in civil, criminal sections sections and sections of small criminality, when the volume or complexity of the service so warrant. 4-whenever justified procedure volume can be created in the central authorities, by Ordinance, specialised sections. 5-Can be amended by decree-law, the structure and organization of the courts of the judicial district as defined in this law and importing the creation or extinction of sections.

Article 80 of the COUNCIL of MINISTERS PRESIDENCY 52 realization of trial hearings or other procedural steps 1-can be performed in any section of the District Court trial hearings or other procedural steps which there is determined in accordance with the law of the case, by judge holder or by the public prosecutor, after hearing the parties. 2-judicial hearings and diligence referred to in the preceding paragraph may, when the interests of Justice or other compelling circumstances warrant, be carried out in different location, in the respective Division or beyond. Article 81 extended territorial jurisdiction courts 1-there may be judicial courts of first instance with jurisdiction for more than one region or on areas especially referred to in the law, known as courts of jurisdiction. 2-the courts with competence in more than one region or on specially defined areas in the law are to a specialised and certain materials, regardless of the form of procedure. 3-are, inter alia, extended territorial jurisdiction courts: a) the Court of intellectual property; (b)) the Court of competition, regulation and supervision; c) the maritime Court; (d)) the Court of execution of sentences; and) the Court criminal Center. 4-when the requirements of specialization, volume, complexity and nature of the service the warrant can be created, by decree-law, other courts with PRESIDENCY of the COUNCIL of MINISTERS 53 extended territorial jurisdiction. Article 82 Judges 1 frame-the frame of judges of courts of first instance are set out in Decree-law laying down the arrangements applicable to the Organization and functioning of the judicial courts. 2-the Board of judges referred to in the preceding paragraph shall be, as a rule, for a range between a minimum and a maximum of judges. SECTION II organisation and operation Article 83 1-Operating The judicial courts of first instance, as the case may be, as singular as collective court tribunal or as Court of jury. 2-In each court or exercising section one or more judges of law. 3-When the law of procedure determine the offside of the judge, this is replaced in accordance with the following article. 4-in the cases provided by law, may be part of the courts and of judges appointed from among social persons of recognized suitability. 5-where it is not possible the designation or the intervention of judges, court is constituted by a single judge or by the collective, as appropriate. 6-the law may provide for the collaboration of qualified technicians when the trial of the matter in fact depend on special knowledge. Article 84 PRESIDENCY of the COUNCIL of MINISTERS


54 replacement of judges of law 1-law judges are replaced, in his absences and impediments, by judge or judges of the same region, for determination of the President of the District Court, according to the generic guidelines from the Supreme Judicial Council. 2-sections with more than one judge the substitutions occur in your breast. 3-the replacements of judges of law to exercise functions in courts of jurisdiction extended occur in your bosom and, if this is not possible, shall be replaced by judge to be determined by the Supreme Judicial Council. Article 85 1 Office-in addition to the cases provided for by law, the Supreme Judicial Council may, on a proposal from the President of the District Court, determines that a judge performs duties in more than one section of the same district, respected the principle of specialisation of judges, considered the needs of the service and the existing procedure volume. 2-the exercise of the functions referred to in the preceding paragraph only gives entitlement to daily allowances and the reimbursement of transportation expenses in accordance with the needs of travel in accordance with the general law. 3-public prosecutors may serve in more than one section of the same district, under the conditions laid down in the preceding paragraphs, for determination of the High Council of the Public Ministry. Article 86 supplementary Frame 1-magistrates in the seats of courts of appeal judges bags can be created for posting in judicial courts of first instance that the lack or the impediment of their holders, the vacancy of the seat or the number or complexity of the PRESIDENCY of the COUNCIL of MINISTERS 55 existing processes so warrant. 2-the scholarship judges referred to in the preceding paragraph may be deployed at the level of each of the counties. 3-the judges appointed to the pockets of judges receive, when highlighted allowances pursuant to general law. 4-the number of judges is fixed by order of the members of the Government responsible for the areas of finance and justice, on a proposal from the Superior Council of the Magistracy. 5-it is up to the Supreme Judicial Council to make the management of the scholarships referred to in paragraphs 1 and 2 and regulate your posting. 6-the preceding paragraphs shall apply, mutatis mutandis, to the prosecutors, the Superior Council of the Public Ministry, with the Faculty of delegating the management of respective grants and the deployment of their respective regular magistrates. Article 87 distribution shifts the distribution is presided over by a judge, to be designated by the President of the Court, which decides the issues with that.

SECTION III management of courts of first instance SUBSECTION (I) article 88 Goals and strategic objectives 1-monitoring the Superior Council of the Magistracy and the High Council of the Public Ministry, PRESIDENCY of the COUNCIL of MINISTERS together with 56 the Member of Government responsible for the area of Justice, establish strategic goals for the performance of the judicial courts of first instance for the subsequent three-year period. 2-the entities referred to in paragraph 1 until 31 May articulate the objectives for the year subsequent to the judicial courts of first instance, pondering the media affects, the adequacy between the reference values established procedure and the results recorded in each court. 3-the activity of each court is monitored throughout the year, with quarterly meetings between representatives of the Superior Council of Magistracy, the High Council of the Public Ministry and the competent service of the Ministry of Justice, to monitor the evolution of the results recorded in the face of the goals assumed, on the basis, inter alia, the elements provided by the information system to support the procedure. 4-procedural reference values refer to values of productivity calculated in abstract by magistrate and listed in order to be approved, by the Member of Government responsible for the area of Justice, after hearing of the Superior Council of Magistracy and of the High Council of the Public Ministry, and reviewing with triennial periodicity. 5-the indicator referred to in the previous article can be stated only for the entire national territory or take on specifics for the different regions. 6-Can be established, by Ordinance, a system of incentives for the judicial courts of first instance which exceed significantly the procedural reference values established. Article 89 setting goals 1-having regard to the results obtained in the previous year and the strategic objectives formulated for the subsequent year, the President of the Court and the public prosecutor Coordinator articulate proposals for procedural objectives of the PRESIDENCY of the COUNCIL of MINISTERS and of the county courts of 57 territorial jurisdiction extended, ali hosted, for the subsequent year. 2-the proposals referred to in the preceding paragraph are submitted until 30 June of each year, respectively to the Superior Council of the Magistracy and the High Council of the Public Ministry for approval until 31 August. 3-procedural objectives of the region should relate, in particular, the number of cases ended and the time duration of the processes, taking into account, among other factors, the nature of the process or the value of the claim, considered the human resources and the affection to the workings of the District Court, by reference to procedural reference values established. 4-procedural objectives of the region cannot enforce, to limit or condition the decisions at issue in cases in particular, want the substance of the matter, both the option by way of procedure seen as more appropriate. 5-district procedural objectives must be reflected in the goals set annually for bailiffs, which are surveyed in advance, and be considered in its assessment.

6-the goals of the region should be considered procedural in the evaluation criteria of the magistrates in the molds that are defined by the respective Boards. SUBSECTION II Chairman of District Court Judge President article 90 1-In each District Court there is a President.

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58 2-the President of the Court is appointed, by choice, by the Superior Council of the Magistracy, in service for a period of three years, and without prejudice to the provisions of the following article, from judges to comply with the following requirements: a) serving as judges and judges possess effective classification of Very Good in older classification of service; or b) serving as judges of law effective, have 15 years of service in the courts and final classification of very good service. 3-the Commission may not give rise to a vacancy and can be terminated at any time by reasoned decision of the Superior Council of Magistracy. Article 91 Renewal and evaluation the service of the President of the Court may be renewed for an equal period, upon favorable review the Supreme Judicial Council, mulling the exercise of the powers of management and the results obtained in the region.

Article 92 Jurisdiction 1-without prejudice to the autonomy of the Public Ministry and the power of delegation, the President of the Court has powers of representation and management, procedural, administrative management and functional. 2-the President of the Court has the following representation skills and direction: a) Represent and direct the Court; b) Follow the achievement of the goals set for the services of the Court;

PRESIDENCY of the COUNCIL of MINISTERS 59 c) Promote meetings planning and evaluation of the results of the judicial services of the judicial district; d) Adopt or propose to the competent authorities, in particular measures of bureaucracy, simplification of procedures, use of information technology and transparency of the justice system; and) comment, whenever the implementation of sindicâncias weighted to the region by the Supreme Judicial Council; f) rule, where it is considered by the Council of bailiffs carrying out judicial services sindicâncias and the Secretariat; g) draw up a half-yearly report on the State of the services and the quality of the response. 3-the President of the Court has the following functional competences: a) the judges and give ownership to the Judiciary Administrator; b) drawing up maps and holiday shifts of judges and submit them to the approval of the Superior Council of the Magistracy; c) exercise disciplinary action on the court officers on duty, in respect of gravity lower than the penalty of a fine, and, in other cases, order the establishment of disciplinary proceedings; d) Appoint a substitute judge, in case of impediment of the holder or of the replacement appointed according to generic guidelines of the Superior Council of the judiciary; and ensure balanced frequency) of training actions by the judges of the tribunal, in conjunction with the Superior Council of Magistracy; f) participate in the process of evaluation of the bailiffs of judicial services of the region, under the specific legislation applicable.

PRESIDENCY of the COUNCIL of MINISTERS 60 4-the President of the Court has the following procedural management skills, performing with observance of the provisions of articles 88 and 89: a) Implement working methods and measurable objectives for each organic unit, without prejudice to the powers and duties which, in this respect, the Superior Council of the judiciary, particularly in the setting of appropriate procedural volume indicators; b) monitor and evaluate the activity of the Court, in particular the quality of Justice rendered service to the citizens, taking for reference the claims or responses to questionnaires of satisfaction; c) track the movement of procedure of the Court, in particular, identifying the processes that are pending for long considered excessive or that are not resolved in a period considered reasonable by informing the Superior Council of the Judiciary and promoting measures which are justified; d) promote the application of simplification measures and streamlined procedure; e) propose to the Supreme Judicial Council the creation and extinction of other degrees of expertise in the processes, in particular for small causes; f) propose to the Supreme Judicial Council the reafetação of judges, respected the principle of specialisation of magistrates, the other section of the same region or affectation, to processing and decision, another judge not your holder, in view of the procedural load balance and efficiency of services; g) propose to the Supreme Judicial Council the exercise of functions of judges in more than one section of the same district, respected the principle of specialisation of judges, considered the needs of the service and the existing procedural volume; h) Request the supply of additional response needs, namely PRESIDENCY of the COUNCIL of MINISTERS 61 through recourse to supplementary tables of judges. 5-the competence provided for in the preceding paragraph with regard to the substances referred to in point (d)) shall be without prejudice to the provisions of specific laws regarding adoption of streamlined procedure by the President of the Court or the judge. 6-the President of the Court has the following administrative powers: to prepare annual plans) and multiannual activities and activity reports; b internal regulations) develop legal services in the area, heard the public prosecutor and the Judiciary Administrator Coordinator; c) participate in the design and implementation of organizational measures and modernisation of courts; d) Plan, within the judiciary, the human resource needs.

7-the President of the Court shall exercise the powers which have been delegated by the Superior Council of Magistracy. 8-for the purposes of monitoring the activity of the Court, including the elements relating to the duration of the processes and productivity, computer data are available from the judicial system, respecting the protection of personal data. Article 93 judicial Magistrate Coordinator 1-When the total of sections installed in a municipality serving more than five judges, the President of the Court, the judges of ears, may propose to the Supreme Judicial Council the appointment, to the sections in question, a judicial magistrate of coordinator between the respective judges, obtained your consent, which shall, within the set of those sections the powers delegated to it, without prejudice to recall of competence by the President of the Court.

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62 2-the judicial magistrate Coordinator shall carry out the respective powers under the guidance of the President of the Court, and should pay your bills exercise whenever requested to do so by the President of the Court. 3-the judicial magistrate coordinator may attend the course referred to in article 95. Article 94 1 pay Status-the President of the Court, to be judge, receives the salary corresponding to the Office of origin. 2-pay status of the President of the Court, as judge, is equated to that of judges placed in sections of the central authorities. 3-the President of the Court is entitled to representation expenses, in an amount to be fixed by Ordinance. Article 95 Training exercise of functions of President of the Court implies the approval in specific training course. Article 96 Appeal appeal to the Superior Council of the Magistracy, the appeal within 20 business days, of administrative acts performed by the President of the Court. SUBSECTION III public prosecutor Coordinator Article 97 PRESIDENCY of the COUNCIL of MINISTERS Public Prosecutor 63 1-Coordinator In each region there is a public prosecutor Coordinator who directs the services of the Public Ministry. 2-the public prosecutor Coordinator is appointed by the Superior Council of the Public Ministry, in service for three years, by choosing among prosecutors who meet the following requirements: a) effective serving as Associate Attorney General and have very good classification in older classification of service; or b) engaged in effective functions as public prosecutor, have 15 years of service in the courts and final classification of very good service. 3-in the municipalities where courts of appeal are installed, there may be more of a public prosecutor with direction and coordination functions of the public prosecution services of the district. 4-In all counties may be appointed public prosecutors with sectoral coordination functions, in accordance with the law. Article 98 the Commission assessment and Renewal of the Public Prosecutor service coordinator may be renewed for an equal period, subject to a favourable evaluation of the High Council of the public prosecutor's Office, pondering the exercise of the powers of management and the results obtained in the region. Article 99 powers of the public prosecutor 1 Coordinator-the public prosecutor Coordinator directs and coordinates the activity of the PRESIDENCY of the COUNCIL of MINISTERS the County Prosecutor, 64 by issuing orders and instructions, competing him: a) track the movement of procedural services, identifying, in particular, the processes that are pending for long considered excessive or that are not resolved in a period considered reasonable stating, without prejudice to the gestionárias initiatives of administrative procedural or functional nature which adopt the respective immediate superior, in accordance with the law; b) monitor the development of the goals set for the services of the Public Ministry; c) Promote meetings planning and evaluation of the results of the services of the public prosecutor of the judicial district; d) Proceed to the distribution of service between public prosecutors and Deputy Prosecutors between, without prejudice to the provisions of law; and) Adopt or propose to the competent authorities, in particular measures of bureaucracy, simplification of procedures, use of information technology and transparency of the justice system; f) propose to the Board of Governors of the Public Ministry the reafetação of prosecutors, respected the principle of specialisation of magistrates, the other section of the same region or affectation of processes or to conduct surveys, to another magistrate other than your holder, in view of the procedural load balance and efficiency of services; g) propose to the Board of Governors of the Public Ministry magistrates ' Office in more than one section of the same district, respected the principle of specialisation of judges, considered the needs of the service and the existing procedural volume; h) comment whenever the realisation of sindicâncias weighted or inspection services to the region by the Board of Governors of the Public Ministry;

PRESIDENCY of the COUNCIL of MINISTERS 65 i) give ownership and develop maps and holiday shifts of public prosecutors; j) exercise disciplinary action on bailiffs in functions of the public prosecution services, in respect of gravity lower than the penalty of a fine, and, in other cases, order the establishment of disciplinary proceedings, if the infraction occurs in the respective services; k) participate in the process of evaluation of the bailiffs in functions of the public prosecution services, under the specific legislation applicable; l) rule, where it is considered by the Council of bailiffs carrying out services sindicâncias public prosecutor; m) Implement working methods and measurable objectives for each organic unit, without prejudice to the powers and duties in this respect on the part of the Superior Council of the Public Ministry; n) prescribe the application of simplification measures and streamlined procedure; the) ensure balanced frequency of training actions by the prosecutors of the district, in conjunction with the Board of Governors of the Public Ministry; p) Prepare internal regulations of the services of the Prosecutor's Office, heard the President of the Court and the judicial administrator. 2-the public prosecutor Coordinator is entitled to representation expenses, in accordance with the provisions of paragraph 3 of article 94. Article 100 Training exercise of functions of public prosecutor Coordinator implies approval in specific training course.

PRESIDENCY of the COUNCIL of MINISTERS article 101 66 Appeal appeal to the Board of Governors of the Public Ministry, the appeal within 20 business days, of administrative acts performed by the public prosecutor Coordinator.


SUBSECTION IV judicial Administrator article 102 1 District Court administrator-In each district there is a judicial administrator. 2-the Judiciary Administrator acts under the general guideline of the judge President of the Court, even if in the exercise of its own powers. 3-the judicial administrator is appointed in service for a period of three years, by the judge President of the Court, after hearing the public prosecutor Coordinator, chosen from among five candidates, previously selected by the Ministry of Justice. 4-The recruitment rules and conditions for the exercise of the Office are set out in Decree-law that establishes the regime applicable to the Organization and functioning of the judicial courts. Article 103 Renewal and evaluation the Commission Judiciary Administrator service may be renewed for an equal period, by the judge President of the region, bearing in mind the exercise of the powers committed and the PRESIDENCY of the COUNCIL of MINISTERS 67 results obtained in the region, and obtained the agreement of the competent authority of the Ministry of Justice. Article 104 1 Skills-the Judiciary Administrator has the following own skills: Driving the services of the Secretariat); b) Authorise the holiday enjoyment of bailiffs and other workers and approve the respective annual maps; c) Replace Transiently bailiffs within the respective region and legally defined limits, by a decision stating the full reasons therefor and where is abandoned the use of bailiffs which are the conditions of availability; d) Manage, under the guidance of the President judge, the use of courtrooms; and) Ensure the existence of conditions of access to court services and the maintenance of the quality and safety of existing spaces; f) regulate the use of parks or private vehicle parking places, when them arrange; g) Arrange, in collaboration with the competent services of the Ministry of Justice, the correct management and use, maintenance and conservation of spaces and equipment affects the services of the Court; h) Arrange, in collaboration with the competent services of the Ministry of Justice, the maintenance of premises, goods and equipment common take or propose measures for your rational use; I) Ensure the distribution of the budget after its approval;

PRESIDENCY of the COUNCIL of MINISTERS 68 j) Perform, in collaboration with the Ministry of Justice, the district's budget; k) Disclose annually statistical information of the region.



2-in the exercise of the powers referred to in paragraph 1 (b)), c), g) and (i)) of the preceding paragraph, the Judiciary Administrator heard the President of the Court and the public prosecutor Coordinator. 3-the judicial administrator exercises the powers are delegated or subdelegated by the organs of the Ministry of Justice or by the judge President of the region. 4-for the purposes of the preceding paragraph, the organs of the Ministry of Justice may permit, through an act of delegation of powers, the administrator practice any act of ordinary administration inserted in the competence of those entities. 5-the judicial administrator may delegate or sub-delegate in Secretaries of justice management skills, subject to recall. 6-judicial administrator decisions made within the framework of its own powers appeal to the Superior Council of the Magistracy. Article 105 Training exercise of Judiciary Administrator functions imply approval in specific training course.

PRESIDENCY of the COUNCIL of MINISTERS 69 SUBSECTION V Management Board article 106 1-jurisdiction and composition of the Management Board of the judge President of the Court, who presides over, the public prosecutor and the Judiciary Administrator Coordinator. 2-in order to ensure full coordination between the organs of management, as well as the fulfillment of the goals established for the district, are subject to the following subjects: the deliberation) approval of the half-yearly report referred to in subparagraph (g)) of paragraph 2 of article 92 of the State services and the quality of the response, which is sent to the Superior Council of Magistracy , the Board of Governors of the Public Ministry and the Ministry of Justice; b) approval of the project budget for the district, to submit the final approval of the Ministry of Justice, on the basis of the appropriation for this previously established; c) promotion of budgetary changes; d) the planning and evaluation of the results of the judicial district; and approval of amendments to the conformation) initially established for the occupation of the bailiff, made according to the planning service when the requirements justify or vacancy occurs, which should be communicated to the Ministry of Justice before the start of the PRESIDENCY of the COUNCIL of MINISTERS 70 nominations to the annual movement;

f) approval, at the end of each judicial year, management report containing information on the degree of achievement of the goals set, indicating the causes of major deviations, which is communicated to the Superior Councils and the Ministry of Justice. 3-the Management Board is competent to follow the implementation of the budget in accordance with the provisions in paragraph j) of paragraph 1 of article 104. 4-the changes referred to in subparagraph (c)) of paragraph 2 are framed in generic guidelines laid down annually by the Ministry of Justice. 5-the report referred to in subparagraph (f)) of paragraph 2 is advertised in the electronic pages of Superior Councils and the Ministry of Justice. 6-can be invited to join the Management Board Advisory Council members referred to in paragraph 2 of the next article. SECTION IV Advisory Board Composition and operation 1 107-In each district there is a Council with advisory functions. 2-the Advisory Council has the following composition: a) the President of the Court, presiding; b) the public prosecutor Coordinator; (c) the Judiciary Administrator);

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71 d) a representative of the judges of the judicial district; and) a representative of the prosecutors of the district; f) A representative of the bailiffs in the County Office, elected by their peers; g) a representative of the Bar Association, with offices in the region; h) a representative of the Chamber of bailiffs, with offices in the region; I) Two representatives of the municipalities integrated in the region; j) representatives of the users of justice services, co-opted by the other Board members, a maximum of three. 3-the Advisory Council meets ordinarily once a quarter and extraordinarily whenever convened by the President of the Court, for your initiative or at the request of one third of its members. 4-can participate in the meetings of the Advisory Board, without voting rights, convened by the respective President, any persons or entities whose presence is deemed necessary for clarification of the matters under consideration. 5-the Office of the Advisory Board positions is not remunerated, happening place for the payment of allowances, when prompted, the representatives referred to in points (a) to (d)) h) of paragraph 2, since the Advisory Council meetings involving travel between municipalities. Article 108 1 Skills-the Consultative Council advising on: the annual and multi-annual plans) of activities and activity reports; b) internal regulations of the District Court and of the respective sections.

PRESIDENCY of the COUNCIL of MINISTERS 72 2-the Advisory Council shall be responsible to consider the following matters: the Evolution of the response of the Court) to requests and expectations of the community; b) Existence and maintenance of conditions of accessibility and quality of spaces and services of the Court; c) Use, maintenance and upkeep of the equipment affects the respective services; d) other issues which are referred to it by the President of the Court. and) give advice on administrative matters and the Organization and functioning of the district falls within the competence of the judge President; f) to study and propose to the President of the Court resolution of service issues raised by the representatives of the judicial professions or presented by any of its members; g) to receive and consider complaints or complaints from the public about the General organisation and operation of the District Court or of any of its services, as well as on the functioning of the system of access to the law and submit to the President of the Court, the magistrate, public prosecutor Coordinator to the Director-General of the administration of Justice and the representative of the Bar Association suggestions or proposals to overcome deficiencies and promote your improvement; h) give an opinion on the human resource needs of the Court and the public prosecutor's Office and on the budget, proposing, where appropriate, the necessary amendments, his giving knowledge to the Superior Council of the Magistracy, the High Council of the Public Ministry, the Ministry of Justice and the Bar Association. Section V PRESIDENCY of the COUNCIL of MINISTERS extended territorial jurisdiction courts 73 SUBSECTION (I) intellectual property Court article 109 1-Jurisdiction the Court of intellectual property meet the issues: a) actions in which the cause of action verse on copyright and related rights; b) actions in which the cause of action verse on industrial property, in any of the procedures laid down in the law; c) nullity and cancellation actions provided for in the code of Industrial property; d) appeals from the National Institute of Industrial property to grant or refuse any industrial property right or are related to transmissions, licences, declarations of forfeiture or any other acts that affect, modify or terminate industrial property rights; and Resource and revision of decisions) or of any other measures likely to challenge legally taken by the National Institute of Industrial property, in the process of being made; f) Actions for a declaration in which the cause of action verse about domain names on the Internet; g) resources of the decisions of the Foundation for National Scientific Computing, as competent authority for the domain name registration de.PT, which register, refuse to register or remove a domain name de.PT; h) Actions in which the cause of action verse on firms or designations; I) Resources of the decisions of the Office and notary fees relating to the PRESIDENCY of the COUNCIL of MINISTERS 74 admissibility of names and designations within the legal framework of the national register of Collective Persons; j) Actions in which the cause of action verse on the practice of acts of unfair competition in the field of industrial property; k) measures for obtaining and preserving evidence and to provide information when required in the context of the protection of intellectual property rights and copyright. 2-the jurisdiction referred to in the preceding paragraph covers the respective incidents and attached, as well as the execution of decisions. SUBSECTION II Court of competition, regulation and supervision article 110 1-Jurisdiction of the Court of competition, regulation and supervision to meet the resource issues, review and enforcement of decisions, orders and other measures in the process of legally made susceptible of Impeachment: a) The competition authority (AdC); (b)) of the national authority of communications (ICP-ANACOM); (c)) of the Bank of Portugal (BP); d) of the securities market Commission (CMVM); and) of the regulatory authority for the media (ERC); f) Of Instituto de Seguros de Portugal (ISP); g) of other independent administrative entities with functions of regulation and supervision.

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75 2-it is still the Court of competition, regulation and supervision to meet the resource issues, review and execution: a) the decisions of the competition authority made in administrative procedures referred to in the legal framework of the competition, as well as of the ministerial decision provided for in article 34 of Decree-Law No. 10/2003, of 18 January; (b)) other decisions of the competition authority to admit appeal, in accordance with the legal framework of competition. 3-the powers referred to in the preceding paragraphs include the respective incidents and attached, as well as the execution of decisions. SUBSECTION III maritime Court article 111 1 Jurisdiction-it is the maritime Court meet the issues: a) claims due for damage caused or suffered by ships, vessels and other floating devices, or resulting from your use, in accordance with maritime law; b) construction contracts, repair, sale and purchase of ships, vessels and other floating devices, since intended for marine use; c) contracts of transport by sea or combined or multimodal transport contract; d) contracts of transport by waterway or channel, within the limits of the table i annexed to the general regulation of port authorities;

PRESIDENCY of the COUNCIL of MINISTERS and 76) contracts of maritime use of ships, vessels and other floating devices, in particular those of chartering and leasing; f) contracts of insurance of ships, vessels and other floating devices destined for maritime use and their loads; g) Mortgages and privileges on ships and vessels, as well as any real guarantees on floating devices and their loads; h) special procedures relating to ships, boats, floating devices and their other charges; I) precautionary Procedures on ships, vessels and other floating devices, its cargo and bunkers and other relevant values to ships, vessels and other floating devices, as well as preliminary request to the captaincy to hold the output of the things which constitute object of such procedures; j) common or faults Faults, including those relating to other floating devices destined for maritime use; k) maritime assistance and salvation; l) towing Contracts and piloting contracts;

m) removal of debris; n) emerging liability pollution of the sea and other waters under your jurisdiction; the) Use, loss, found or appropriation of devices or fishing or catching shellfish, molluscs and marine plants, anchors, rigging, weapons, provisions PRESIDENCY of the COUNCIL of MINISTERS and 77 more objects intended for navigation or fishing, as well as damage caused or suffered by the same material; p) damage property of the maritime public domain; q) property and possession of bile and things from or arising from the sea or existing remains, which lie in the respective soil or subsoil or that arise or exist in inland waters, if running maritime interest; r) Prey; s) all questions in General about matters of maritime trade law; t) resources of the harbormaster's decisions made in the process of being made. 2-the jurisdiction referred to in the preceding paragraph covers the respective incidents and attached, as well as the execution of decisions. 3-in not covered by the territorial jurisdiction of the Court, the powers referred to in the preceding paragraphs are assigned to the respective District Court.

SUBSECTION IV Court of enforcement of penalties article 112 1-Racing After the final transit of the judgment which determined the application of custodial sentence or detention order of freedom, it is for the Court of execution of punishments follow and monitor its implementation and decide of your modification, replacement and extinction, no PRESIDENCY of the COUNCIL of MINISTERS 78 prejudice to article 371.º of the code of criminal procedure. 2-it is still the Court of execution of monitor and oversee the implementation of prison and preventive internment and the respective decisions be communicated to the Court the order which the defendant fulfils the measure of coercion. 3-without prejudice to other legal provisions, it is for the Court of enforcement of sentences, on account of the matter: a) individual rehabilitation plans Approved, as well as therapeutic and rehabilitation plans of irresponsible and attributable psychic anomaly in carrier establishment intended to inimputáveis, and the respective amendments; b) Grant and revoke licenses of judicial output; c) Grant and revoke parole, probation and adaptation the freedom to test; d) Approve the decision of the Director-General of Prison Services and Reintegration of placement of the inmate in an open regime abroad, before its execution;

and) Determine the execution of the sentence of expulsion accessory, declaring the jail time, and determine the anticipated execution of the penalty of expulsion accessory; f) Convene the Governing Council whenever necessary or when the law understand so provides; g) decide to challenge decisions processes of prisons; h) Set the target to give the match retained; I) confiscate and give destination to objects or valuables seized to inmates; j) decide on the modification of the execution of the sentence of imprisonment, as well as replacing or the repeal of the respective arrangements concerning inmates PRESIDENCY of the COUNCIL of MINISTERS 79 patients with serious illness, and irreversible evolutionary or serious and permanent disability or old age; k) Ordering compliance with the prison in continuous regime in case of input shortages in prision not considered justified by the convicted prison for days off or semidetenção; l) Revise and extend the security measure of relocation of inimputáveis; m) Decide on the provision of community work and about your revocation in cases of successive execution of security measures and custodial penalty; n) Determine the hospitalization or a stay of execution of sentence of imprisonment by virtue of psychic anomaly has arisen to the agent during the execution of the prison sentence and your review;


the) determine the compliance of the rest of the sentence or the continuation of the relocation by the same time, in the event of the withdrawal of the benefit of work in favour of the community or of the individual's probation subject to successive execution of security measures and custodial penalty; p) Declare the lapse of the amendments to the normal execution of the sentence, in the case of psychic fault simulation; q) Declare accomplished the effective imprisonment that specifically fit the crime committed by convicted relatively indeterminate sentence, having been refused or revoked parole; r) Declare the effective term of imprisonment, the penalty in respect of indeterminate and the security measure of internment;

PRESIDENCY of the COUNCIL of MINISTERS 80 s) to issue arrest warrants, catch and release; t) Inform the victim of the release or escape of the prisoner, in the cases provided for in articles 23 and 97 of the code of execution of Sentences and custodial Measures; u) Instruct the procedure for the granting and revocation of pardon and their application; v) Utter the Declaration of default judgment and Decree the seizure of goods, as the convict who intentionally if there may not, in whole or in part, the execution of imprisonment or internment measure; w) decide on the provisional cancellation of any fact or decision entered in the criminal record; x) dismiss the appeal on the legality of the transcript in criminal record certificates. Article 113 prorogation Competes even the Court of enforcement of penalties to ensure the rights of inmates, in answer to the legality of the decisions of the prison services in the cases and according to the law. SUBSECTION V central criminal Court Article 114 the Court central Competence of criminal competence set pursuant to paragraph 1 of article 118.

PRESIDENCY of the COUNCIL of MINISTERS 81 SECTION VI central subsection I Instance civil Sections Article 115 1-Jurisdiction the civil section of the central instance: a) the preparation and trial of declarative process common civil actions worth more than € 50 000;

b) Exercise, in the framework of the executive actions of civil nature of a value exceeding € 50 000, the powers laid down in the code of Civil procedure, in constituencies which are not covered by the competence of another section or court; c) Prepare and judge the precautionary procedures that match your actions. d) exercise the powers conferred by law too. 2-in the counties where there are no trade section, the previous paragraph is extended to actions that fit to these sections. 3-Are sent to the civil section of the central instance the cases pending in sections of the local instance where changing the value likely to determine your competence. SUBSECTION II PRESIDENCY of the COUNCIL of MINISTERS Criminal Sections 82 Article 116 1 Jurisdiction-it is for the criminal sections of the central instance issue order under articles 311 to 313 of the code of criminal procedure and proceed to trial and to subsequent terms in criminal proceedings within the jurisdiction of the Court or of the collective jury. 2-The Criminal sections of the central districts of Lisbon and Porto, have jurisdiction for the trial of strictly military crimes, under the code of military justice.

SUBSECTION III Sections of criminal Jurisdiction article 117 1-competes to sections of criminal proceeding with the criminal, decide how to pronunciation and exercise the judicial functions relating to the inquiry, except in cases provided for in law, in that the jurisdictional functions relating to the investigation can be carried out by the departments of jurisdiction of the local instance. 2-When the interest or the urgency of the research justifies it, the judges in Office of criminal can intervene in processes that they are out of your affections territorial area of competence. Article 118 special cases of PRESIDENCY of the COUNCIL of MINISTERS competence 83 1-the competence referred to in paragraph 1 of the preceding article, as the crimes listed in paragraph 1 of article 47 of law No. 60/98, of 27 August, a central criminal court when criminal activity occur in regions belonging to different courts of appeal. 2-the competence of the criminal sections of the courts of appeal covers the respective area of competence with regard to the crimes referred to in the preceding paragraph when the criminal activity occur in different counties within the area of competence of the same Court of appeal.

3-in the counties in which the procedural motion warrants and be created departments of investigation and penal action (SLIDE), are also created sections of criminal with competence limited to the area concerned. 4-the competence referred to in paragraph 1 of the preceding article, as strictly military crimes, it is the organic units of the military criminal criminal sections of Lisbon and of Porto, with jurisdiction in the areas listed in the code of military justice. 5-the preceding paragraphs shall not prejudice the competence of the investigating magistrate of the area where the jurisdictional acts, of urgency, concerning the inquiry should be carried out. Article 119-1 criminal judges In counties where there are no criminal section, can the Superior Council of the Magistracy, where the procedural motion justifies it, determine the affectation of judges, in exclusivity, the criminal.

PRESIDENCY of the COUNCIL of MINISTERS 84 2-the provisions of the preceding paragraph shall apply to counties where no criminal section-based and integrate in its area of jurisdiction. 3-While holding the affectation in the preceding paragraphs, the magistrates considered increased the number of corresponding units. 4-For support of judges affects in exclusivity to criminal justice officers are posted.


SUBSECTION IV Sections of family and minors Article 120 competence regarding the civil status of persons and it shall be the responsibility of the family sections of family and minors prepare and judge: the) non-contentious procedures relating to spouses; b) voluntary jurisdiction proceedings relating to situations of de facto union or common economy; c) Actions of legal separation and divorce; d) inventories required as a result of actions of legal separation and divorce, as well as the precautionary procedures with those related; and Actions for a declaration of absence) or annulment of civil marriage; f) Actions brought under article 1647.º and paragraph 2 of article 1648.º of the Civil Code;

PRESIDENCY of the COUNCIL of MINISTERS 85 g) actions and executions for food between spouses and between former spouses; h) other actions concerning the civil status of persons and the family. Article 121 Competence on the smaller and older children 1-it is also to sections of family and minors: a) establish guardianship and the administration of assets; b) Appoint that person to conclude business on behalf of the minor, as well as appoint curator-General representing the smallest claim subject to parental responsibilities; c) Constitute the bond of adoption; d) regulate the exercise of parental responsibilities and know of the issues in this respect; and food due to) fix smaller and larger or emancipated children referred to in article 1880.º of the Civil Code and prepare and judge the executions for food; f) order the judicial trust of minors; g) Constitute the sponsorship relationship and Decree your revocation; h) Authorise the legal representative of minors to practice certain acts, confirm that have been carried out without authorization and arrange on the acceptance of donations; I) Decide about collateral that parents should pay for the benefit of the minor children; j) Decree total or partial inhibition, and establish limitations to the exercise of parental responsibilities, as provided for in article 1920.º of the Civil Code; k) carry out unofficial investigation of paternity or maternity, PRESIDENCY of the COUNCIL of MINISTERS 86 challenging the presumed paternity; l) Prepare and judge the actions of investigation and impeachment of motherhood and fatherhood; m) Decide, in case of disagreement of parents, about the name and surname of the child. 2-it is the sections of family and minors: a) going on administration of goods or guardianship, determine the remuneration of the guardian or administrator, meet the excuse, the resignation or removal of the guardian, the administrator or member of the family Council, require and judge the accounts, authorise the substitution of legal mortgage and determine the strengthening and substitution of collateral provided and appoint a special curator to represent the smallest out of court; b) Appoint special curator to represent the minor in any case protect; c) Convert, revoke and reviewing adoption, require and judge the adopter and fix the amount of the proceeds earmarked for food adopted; d) Decide about the strengthening and substitution of collateral provided in favour of minor children; and) Require and judge the accounts that parents should pay; f) Meet any other incidents in cases referred to in the preceding paragraph. 3-in cases where the law reserve the jurisdiction referred to in the preceding paragraphs to other entities, the competence of the family and minors with respect to review of decisions of these entities. 4-the practice of urgent acts is ensured by the departments jurisdiction of local instance, even if the respective County is served by section of family and minors, in cases where this is based in different municipality.

PRESIDENCY of the COUNCIL of MINISTERS Article 87 122 tutelary and educational powers of protection 1-competes to sections of family and minors: a) Prepare, appraise and decide the procedures of promotion and protection; b) promotion and protection measures and monitor their execution when required, whenever a child or young person is in a situation of danger and is not case of intervention by the Commission. 2-it is up to the departments of family and minors: a) the practice of judicial acts relating to tutelary educational inquiry; b) appreciation of facts qualified by law as a crime, committed by a minor aged between 12 and 16 years, with a view to the application of tutelary measure; (c)) the implementation and revision of the tutelary measures; d) Declare the cessation or extinction of tutelary measures; and Meet the decisions) that apply disciplinary measures for minors who have been applied as an internment camp. 3-Ceases the competence of family and smaller sections when: a) effective term of imprisonment is applied in criminal proceedings for crimes practiced by the minor aged between 16 and 18 years them; (b)) the lowest complete 18 years prior to the date of the decision in first instance. 4-in the cases referred to in the preceding paragraph the process is not started or if the have been filed. 5-outside the areas covered by the jurisdiction of the family and minors, the specialised sections of tutelary processes criminal PRESIDENCY of the COUNCIL of MINISTERS


educational and 88 at specialised civil sections meet promotion and protection processes. 6-the practice of urgent acts is ensured by the departments jurisdiction of local instance, even if the respective County is served by section of family and minors, in cases where this is based in different municipality. 123 article 1 Constitution-section of family and minor works, as a rule, with a single judge. 2-in cases in which they assume the implementation measure of relocation, promotion or protection measure without agreement, the trial court of belonging to a judge, who presides over, and two judges. SUBSECTION V sections of work Article 124 civil Competence it shall be the responsibility of the sections of the work meet in civil matters: a) Of questions relating to the annulment and interpretation of collective labour regulation instruments that are not administrative nature; b) Of emerging issues of subordinate work relations and relations established with a view to concluding employment contracts; c) Of emerging issues for accidents at work and occupational diseases; d) nursing or hospital issues, for the supply of medicinal products emerging from the provision of clinical services, dental and orthopedic appliances or any other services or benefits made or paid to the benefit of PRESIDENCY of the COUNCIL of MINISTERS 89 victims of work accidents or occupational diseases; and actions intended to annul) the acts and contracts entered into by any entities responsible to avoiding the fulfilment of obligations arising from the application of Trade Union or labour legislation; f) emerging issues of similar contracts for the law; g) emerging issues of learning and training contracts; h) of the issues between workers at the service of the same entity, the respect of rights and obligations arising out of acts performed in the execution of their work or relationships resulting from tort practiced by one of them in the execution of the service and by reason of this, subject to the competency of the criminal courts regarding civil liability connected with the criminal; I) of the issues between welfare institutions or child benefit and its beneficiaries, when respect the rights, powers or legal, regulatory or statutory obligations of one or other, without prejudice to the competence of the administrative and tax courts; (j)) of the issues between unions and business partners or persons for they represented, or affected by your decisions, when the rights, powers or legal, regulatory or statutory obligations of one or other; k) intended for settlement processes and sharing of assets of pension institutions or trade union associations, when there is no legislative provision to the contrary; l) of the issues between welfare institutions or between trade union associations, regarding the existence, extent, or quality of powers or legal, regulatory or statutory duties to one of them that affects the other;

PRESIDENCY of the COUNCIL of MINISTERS 90 m) executions founded in their decisions or other enforceable instruments, subject to the competence assigned to other courts; n) of the issues between subjects of a legal relationship or between one of these subject and third parties when related relations with the emerging employment relationship, by acessoriedade, complementarity or dependence, and the request would aggregate with another for which the mind is directly; the) of the issues that have action with counterclaims the connection relations referred to in the preceding paragraph, except in the case of compensation, in which the connection is dispensed; p) Of civil matters relating to the strike; q) of the issues between workers committees and the respective coordinating committees, the company or employees thereof; r) all questions relating to the control of the legality of the Constitution, statutes and respective changes, the operation and the extinction of unions, employers ' associations and workers ' committees; s) other matters which by law they are assigned. Article 125 Competence as regards administrative offence it shall be the responsibility of the parts of the job to judge the capabilities of the decisions of administrative authorities in the areas above processes labour and social security.

Article 126 PRESIDENCY of the COUNCIL of MINISTERS the Constitution Court 91 1-collective on the causes referred to in (a)), b), and), f), (g)) and q) of article 124 in which should intervene the collective, the Court is constituted by the collective and two judges. 2-the causes referred to in point (f)) of article 124, a social judges should be named as independent worker and another as an employed person. 3-the other causes referred to in paragraph 1, one of the judges is recruited among employers and among employees. SUBSECTION VI trade article 127 Sections 1-Jurisdiction it shall be the responsibility of the Chambers of Commerce to prepare and judge: a) insolvency proceedings and the special processes of revitalization; b) the actions of Declaration of non-existence, nullity and annulment of articles of Association; c) actions relating to the exercise of social rights; d) suspension and annulment of corporate resolutions; and) the actions of judicial liquidation of companies; f) Actions of dissolution of European company; g) Actions of dissolution of holding companies; h) the actions referred to in the commercial registry Code. 2-it is the responsibility of the Chambers of Commerce to judge the appeals of the orders of the PRESIDENCY of the COUNCIL of MINISTERS


92 of the commercial register, as well as the appeals of decisions made by the Conservatives under the administrative procedure of dissolution and liquidation of companies. 3-the competence referred to in paragraph 1 shall cover the respective incidents and attached, as well as the execution of decisions. SUBSECTION VII implementation Article sections 128 1 Racing-Racing to run exercise sections, under the civil execution process, the powers laid down in the code of Civil procedure. 2-Are excluded from paragraph 1 the processes attributed to the intellectual property Court, the Court of competition, regulation and supervision, to the maritime Court at family and smaller sections, the sections of the work, to Chambers of Commerce, and the executions of sentences handed down by criminal section which, under the criminal procedure law, should not run before a civil section. 3-For the implementation of the decisions made by the civil section of the central instance is competent execution section it would be competent if the cause was not within the competence of that section of the central instance on grounds of value.

SECTION VII local instance Article 129 PRESIDENCY of the COUNCIL of MINISTERS 93 Competence 1-competes to sections of jurisdiction: a) to prepare and prosecute the cases concerning causes not assigned to another section of the central instance or Court of territorial jurisdiction extended; b) carry out the criminal instruction, decide how to pronunciation and exercise the judicial functions relating to investigation, where there is no section of criminal or judge of criminal instruction; c) outside the municipalities where are installed sections of criminal, exercising the judicial functions relating to criminal investigations, even if the respective land area is covered by this section; d) Exercise, in the context of the implementation process, the powers laid down in the code of Civil procedure, where there is no section or another competent specialised section; and Judging decisions resources) the administrative authorities in the above processes, unless expressly assigned resources to the Court of intellectual property in article 109, and the Court of competition, regulation and supervision in article 110, and except as provided in articles 111, 125 and 127, when covered by the respective specialised sections of central instance; f) comply with the warrants, letters, letters and communications addressed to them by the courts or competent authorities; g) Exercise the other powers conferred by law. 2-sections of jurisdiction can be deployed in civil and criminal sections sections. 3-sections of criminal matters can still deploy in small sections of PRESIDENCY of the COUNCIL of MINISTERS the following crime 94 competence: a) Causes the corresponding process form contents, abbreviated and accelerated; b) resources of the decisions of administrative authorities in above process referred to in point (e)) of paragraph 1, when the value of the fine applicable is equal to or less than € 15 000, irrespective of the accessory sanction. 4-it is up to sections of proximity: a) Provide general information; b) Provide procedural information, in the context of the respective region, due to the special interest in acts or processes, provided they observed the limitations provided for in the law for publicity of proceedings and secrecy of Justice; c) proceed to reception of papers, documents and pleadings intended for processes that run or work out terms in any section of the judicial district in which; d) Operationalize and follow the steps of hearing through video-conferencing; and) Practice the acts as may be determined by management, including support for trial hearings; f) welcome the trial hearings or other procedural steps which there is determined.

SECTION VIII execution by fines, costs and compensation Article 130 execution by fines, costs and compensation of MINISTERS PRESIDENCY 95 extended territorial jurisdiction courts, sections of central instance and the jurisdiction of the local instance are competent to perform by themselves made decisions regarding costs, fines or compensation provided for in the procedural law applicable. SECTION IX, Court and jury subsection I collective Court singular Article 131 composition and competence 1-the unique Court consists of a judge. 2-it is the singular judge court processes that should not be judged by the Court or jury collective.



SUBSECTION II collective Court Article 132 1 Composition-the collective Court consists, as a rule, by three private judges. 2-where appropriate, the Superior Council of the Magistracy, heard the President of the PRESIDENCY of the COUNCIL of MINISTERS 96 District Court, designates the judges required the establishment of the Court, and the collective designation fall in private the same county judge except manifest impossibility. 3-the frames of the criminal sections of the central instance of Lisbon and of Porto provide a military judge for each branch of the armed forces and one of the GNR, which intervene in accordance with the provisions of the Code of military justice. Article 133 the Court judging collective Competence: a) in criminal matters, the procedures referred to in article 14 of the code of criminal procedure; b) questions of fact and law in the actions and incidents and to follow the terms of the declaration process, where the law of the process to determine. 134th President of the Court article 1-the collective collective Court is presided over by judge of the process. 2-the President of the Court: the collective) Drive the discussion and trial hearings; b) Elaborate the judgments in criminal trials; c) Uttering the sentence end in civil lawsuits; d) Supply the deficiencies of judgments and of the judgments referred to in paragraph 1(a) above, clarify them, reforming them and sustain them in accordance with the laws of procedure; and Organize the program of sessions) the collective Court;

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97 f) perform the other functions assigned by law. SUBSECTION III Court of jury 135.3 1-Composition the Court of jury is composed of the President of the Court, who presides over, the other judges and jurors. 2-the law regulates the number, recruitment and selection of the jurors. Article 136 1-Jurisdiction the Court of jury to judge the processes referred to in article 13 of the code of criminal procedure, unless for crimes of terrorism or object refer to highly organized crime. 2-the jury in the trial is defined by the process.

Section X Secretariats of courts of first instance SUBSECTION I General provisions Article 1-Secretariats in each 137 district there is a single secretariat which ensures the business hours of the respective sections and courts of jurisdiction extended and offers access to the PRESIDENCY of the COUNCIL of MINISTERS system 98 County computer. 2-the composition, organization and functioning of the secretariats are laid down in Decree-law laying down the arrangements applicable to the Organization and functioning of the judicial courts. Article 138 personal maps 1-the initial forming of personal maps of the secretariats is fixed by order of the members of the Government responsible for the areas of finance and justice. 2-amendments to the initial definition of personal maps can be made on the initiative of the Director-General of the administration of Justice or by reasoned proposal of the respective management board. Article 139 1-the use of information technology is used for the processing of data relating to the management of the courts, judicial proceedings and to file. 2-the processing of the dossiers is performed electronically in terms defined by order of the Member of Government responsible for the area of Justice and the procedural rules relating to actions of the magistrates and of the secretariats be object of practical adjustments are necessary. 3-the Ordinance referred to in the preceding paragraph regulates, among other things: a) the presentation of procedural documents and documents; b) the distribution of processes; c) practice, necessarily by electronic means, of the procedural acts of judges and bailiffs; d) acts, parts, autos and terms of the process that may not include the PRESIDENCY of the COUNCIL of MINISTERS proceedings 99 in physical media. SUBSECTION II registration and Article 140 Registration file of procedural documents and processes 1-procedural parts and processes presented in the secretariats are recorded in accordance with the law. 2-once registered, the paper supports of procedural documents and processes can only leave the Secretariat as expressly provided by law and subject to the formalities laid down by it, charging receipt and taking output on electronic support. 3-is privileged the use of electronic means for transmission and processing of legal documents, and for your disclosure, pursuant to law, citizens. Article 141 1 File-consider themselves ended for the purposes of file: a) civil cases, from the expiration of three months after the final transit of the final decision; b) criminal cases, from the expiration of three months after the final decision of acquittal transit or another final damning decision, the extinction of the sentence or security measure; c) the processes in which the interruption of the instance; d) investigation processes, from the expiration of three months after dispatch of archiving; and the other dependent processes) of the Department of public prosecutions as soon as your order completed.

PRESIDENCY of the COUNCIL of MINISTERS-100 2 processes, books and papers join in the Court after the public prosecutor's Office and the disciplinary action, as appropriate, the judge or the public prosecutor, without prejudice to cases in which the archive is provided automatically by the computer system, without the need for judicial intervention or the Secretariat. Article 142 conservation and disposal of documents the conservation regime and elimination of file documents is defined by order of the members of the Government responsible for the areas of Justice and culture.

TITLE VI administrative and fiscal Courts Article 143-1 Definition The administrative and fiscal courts racing trial of disputes arising from administrative legal and fiscal relations. 2-the structure, competence, organisation and functioning of the administrative and tax courts are defined in own diploma. Article 144 categories of administrative and fiscal courts 1-the following administrative and fiscal courts: a) the Supreme Administrative Court;

PRESIDENCY of the COUNCIL of MINISTERS 101 b) central administrative courts; c) administrative courts of circle; d) tax courts. 2-When work aggregates, the administrative courts and tax courts circle take the unit designation of administrative and tax courts. Article 145 Supreme Administrative Court the Supreme Administrative Court is the top of the hierarchy of the courts of the administrative and tax jurisdiction, is based in Lisbon and jurisdiction throughout the national territory.

Article 146 Central Administrative Courts 1-Are central administrative courts the South Central Administrative Court, with headquarters in Lisbon, and the North Central Administrative Court, based in the port. 2-the areas of jurisdiction of the central administrative courts are determined by decree-law. 3-central administrative courts know of matters of fact and law. 4-central administrative courts are declared installed by order of the Member of Government responsible for the area of Justice establishing the respective tables. Rule 147 administrative courts and tax courts circle PRESIDENCY of the COUNCIL of MINISTERS 102 1-the seat of the administrative courts and tax courts circle and the respective areas of jurisdiction are determined by decree-law. 2-the number of judges in each court and in every circle administrative tax court is fixed by order of the Member of Government responsible for the area of Justice. 3-The administrative courts and tax courts circle are declared installed by order of the Member of Government responsible for the area of Justice.


TITLE VII Court of Auditors article 148 Defining 1-the Court of Auditors is the supreme organ of supervision of the legality and regularity of revenue and expenditure and the trial of accounts that send law refer to it, enjoy sound financial management and effective responsibility for financial violations, competing him in particular: a) give an opinion on the General accounts of the State including social security, as well as on the account of the Assembly of the Republic; b) give an opinion on the accounts of the autonomous regions of the Azores and Madeira; c) Exercise the other powers assigned to it by law. 2-the Court of Auditors has jurisdiction and financial control powers under the Portuguese legal order, both in Portugal and abroad. 3-where there is a conflict of jurisdiction between the Court of Auditors and the Supreme COUNCIL of MINISTERS PRESIDENCY 103 administrative court, it is for the Court of Conflicts, chaired by the President of the Supreme Court of Justice and two judges of each court, settling the respective conflict. 4-the scope of the jurisdiction, composition, organisation and functioning of the Court of Auditors shall be determined in accordance with the Constitution and the law.

TITLE VIII arbitration Courts Article 149 arbitral tribunals 1-except in the cases expressly provided for by law, the submission of any dispute to an arbitral tribunal depends on the willingness expressed and unequivocal. 2-the competence, organisation and functioning of the arbitral tribunals are set in own diploma. TITLE IX Article 150(3) justices of the peace justice of the peace 1-The Justice of the peace constitute an alternative form of dispute resolution, exclusively civil in nature, in causes of reduced value and causes that do not involve family law, inheritance law and labour law.

PRESIDENCY of the COUNCIL of MINISTERS 104 2-The justices of the peace are created by Government diploma, ear the Superior Council of the judiciary, the Bar Association, the National Association of Portuguese municipalities and other entities provided for in Decree-law referred to in the following paragraph. 3-the competence, organisation and functioning of the courts of the peace and the conduct of your jurisdiction processes are defined in own diploma.

Title X research departments and Criminal Action article 151 creation and location in addition to the counties where they are hosted the courts of appeal, when the movement of criminal investigations is high and in accordance with the provisions on this matter in the Statute of the Prosecutor can be created departments of investigation and prosecution in any of the counties. TITLE XI management Organs and judicial discipline chapter I the Supreme Judicial Council and Organization Structure section I Definition article 152 the Superior Council of the Magistracy is the top organ of management and discipline of the judiciary.

PRESIDENCY of the COUNCIL of MINISTERS Article 105 153 1 Composition-the Superior Council of the Magistracy is presided over by the President of the Supreme Court of Justice and composed by the following vowels: a) Two appointed by the President of the Republic; b) Seven elected by the Assembly of the Republic; c) Seven elected from among and by judicial magistrates. 2-the position of Member of the Superior Council of the Judiciary may not be refused by magistrates courts. Article 154 Vice-President and Secretary 1-Vice President of the Superior Council of Magistracy is the judge of the Supreme Court of Justice referred to in paragraph 2 of article 157, exercising the position full-time. 2-the Council has a Secretary, which designates from among judges of law. 3-the Secretary receives the salary corresponding to the judges referred to in article 222.º. Article 155 designation form 1-The vowels referred to in point (b)) of paragraph 1 of article 153 shall be designated in accordance with the Constitution and the rules of procedure of the Assembly of the Republic. 2-The vowels referred to in subparagraph (c)) of paragraph 1 of article 153 are elected by universal and secret suffrage, in accordance with the principle of proportional representation and the highest average method, with obedience to the following rules: a) clears up separately the number of votes obtained by each list;

PRESIDENCY of the COUNCIL of MINISTERS 106 b) the number of votes for each list is divided successively by 1, 2, 3, 4, 5, etc., and the quotients, considered with decimal part, aligned in descending order of your greatness in a series of so many how many terms of the mandates assigned to the respective organ;

c) mandates belong to the lists that match the terms of the series established by the previous rule, receiving each of the lists as many mandates as their terms in the series; d) in the case of one or more terms is left to distribute, and to the following terms of the series are equal and different lists, the mandate or mandates the list or lists that have obtained most votes. 3-If more than one list obtain an equal number of votes, the attribution of mandates and the Electoral Act being repeated. Article 156 electoral Principles 1-election of the vowels referred to in point (c)) of paragraph 1 of article 153 is made on the basis of census organized by the Supreme Judicial Council ex officio. 2-is provided to voters the exercise of voting rights by correspondence. 3-the electoral college on the vowel category provided for in subparagraph (c)) of paragraph 1 of article 153 is composed of judicial magistrates in effectiveness of judicial service, excluding those that are in service of a judicial nature. 4-the election takes place within the 30 days prior to termination of the offices or in the first 60 days after the occurrence of the vacancy and is advertised, at least 45 days, by a notice published in the Gazette.

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107 article 157 1 lists organization-the election of vowels referred to in point (c)) of paragraph 1 of article 153 made by lists drawn up by a minimum of 20 voters. 2-the lists include an alternate for each candidate, going on in each list a judge of the Supreme Court of Justice, two judges of appeal and a judge of the territorial jurisdiction of the Court of appeal of Lisbon, a judge of the territorial jurisdiction of the courts of appeal of Porto and the relationship of Guimarães , a judge of the territorial jurisdiction of the Court of appeal of Coimbra and a judge of the territorial jurisdiction of the Court of appeal of Evora. 3-there can be candidates for more than one list. 4-in the absence of nominations, the election takes place on lists drawn up by the Superior Council of the Magistracy. Article 158 1 places-distribution the distribution of seats is done according to the order of conversion of votes into mandates through the following form: a) 1 mandate-judge of the Supreme Court of Justice; b) 2nd term-judge of appeal; c) 3rd term-judge of appeal; d) 4-term judge associated to the area of jurisdiction of the Court of appeal of Lisbon; e) 5-term judge associated to the territorial jurisdiction of the PRESIDENCY of the COUNCIL of MINISTERS 108 port interface and courts of Guimarães; f) 6-term judge associated to the area of jurisdiction of the Court of appeal of Coimbra; g) 7th-term judge associated to the area of jurisdiction of the Court of appeal of Evora. Article 159 1-the elections Commission monitoring the regularity of electoral acts and the final tabulation of the vote compete to a Commission of elections. 2-Constitute the Commission of elections the President of the Supreme Court of Justice and the Presidents of relations. 3-Has the right to join the Election Committee a representative from each competitor list to the Electoral Act. 4-the functions of President shall be exercised by the President of the Supreme Court of Justice and the decisions taken to the plurality of votes, and the President a casting vote. Article 160 the Commission of elections, especially elections Committee shall be responsible to resolve the doubts raised in the interpretation of the rules governing the electoral process and decide complaints arising during the electoral operations. Article 161 electoral Litigation litigation feature of electoral acts is brought, within 48 hours, to the PRESIDENCY of the COUNCIL of MINISTERS 109 Supreme Court and decided, by the section referred to in paragraph 2 of article 47, in the 48 hours following your acceptance. Article 162 Steps regarding the electoral process the Supreme Judicial Council adopts the measures deemed necessary for the organisation and proper conduct of the electoral process. Article 163 1 positions Exercise-the positions of the vowels referred to in subparagraph (c)) of paragraph 1 of article 153 shall be exercised for a period of three years, renewable for an equal period, for once. 2-whenever during the exercise of his duties a vowel elected let belong to the category of origin or be stopped is called substitute and, in the absence of this, it is a declaration of vacancy by the new election in accordance with the preceding articles. 3-Notwithstanding the cessation of their respective positions, the vowels will remain in Office until the inauguration of that will replace. Article 164 status of members of the Superior Council of Magistracy 1-The vowels of the Superior Council of the Judiciary other than judges shall apply the system of guarantees of judicial magistrates. 2-The vowels of the Superior Council of the judiciary perform their functions in a full-time regime, unless such surrender, by applying, in this case, the service reduction corresponding to the Office of origin. 3-The vowels of the Superior Council of the judiciary serving in a full-time regime receive salary corresponding to the vowel category magistrate PRESIDENCY of the COUNCIL of MINISTERS higher 110. 4-members of the Superior Council of Magistracy entitled the passwords of presence or subsidies, in the form and in an amount to be fixed by order of the members of the Government responsible for the areas of finance and justice and, if domiciled or allowed to reside outside of Lisbon, the daily allowance, in accordance with the law. SECTION II the competence and functioning of the Competence Article 165 the Supreme Judicial Council: a) Name, place, transfer, promote, exonerate, enjoy the professional merit, exercise disciplinary action and, in General, perform all the acts of a similar nature relating to judicial magistrates, without prejudice to the provisions relating to the provision of positions via elective; b) issue opinions on legislation relating to judicial organization and the Statute of judicial magistrates and, in General, on matters relating to the administration of Justice; c) to study and propose to the Member of Government responsible for the area of Justice legislative measures with a view to efficiency and improvement of judicial institutions; d) annual plan of inspections; and Ordering inspections, sindicâncias) and surveys of judicial services; f) approve the rules of procedure and the draft budget for the Council;

PRESIDENCY of the COUNCIL of MINISTERS 111 g) Adopt the necessary measures for the organisation and proper conduct of the electoral process; h) Change the distribution of processes in sections where they exert more functions than a judge, in order to ensure Equalization and operation of services, in particular in conjunction with the judges Presidents of districts; I) prioritize processing of causes that are pending in the courts for period considered excessive, particularly in conjunction with the judges Presidents of districts, without prejudice to other procedures for urgency; j) propose to the Member of Government responsible for the area of Justice appropriate measures, so as not to make excessive number of cases of each magistrate; k) Fix the number and the composition of the Chambers of the Supreme Court and courts of appeal; l) Appoint the President judge of the county courts; m) monitor the performance of procedure of the Court of first instance in accordance with the procedure described in articles 88 and 89; n) perform the other functions assigned to it by law.



Article 166 PRESIDENCY of the COUNCIL of MINISTERS


112 activity report the Superior Council of the Magistracy sends, in the month of October of each year, the Assembly of the Republic, your activity report on the previous year, which is published in the journal of the Assembly of the Republic. Article 167 1 Operation-the High Council of Magistracy work in plenary and in the Permanent Council, which is composed by the Disciplinary sections, and Link Tracking to Counties and General Affairs. 2-the plenary shall consist of all the members of the Superior Council of the judiciary, in accordance with paragraph 1 of article 153. 3-compose each one of the sections of the following Permanent Council members: the) the President of the Superior Council of Magistracy, presiding; b) the Vice Chairman of the Supreme Judicial Council; c) A judge of the relationship; d) Two judges of law; and) one of the vowels designated in accordance with subparagraph (a)) of paragraph 1 of article 153; f) four other members from the designated by the Assembly of the Republic; g) the vowel as referred to in paragraph 2 of article 177. 4-the description of vowels that make up the sections referred to in paragraph 2 is done in rotation in the middle of their respective mandates. 5-the vowel mentioned in subparagraph (g)) of paragraph 3 only participates in the discussion and voting on the process of which the Rapporteur was Mr.

PRESIDENCY of the COUNCIL of MINISTERS 113 Article 168 1 Advisors-the Superior Council of the Magistracy has, in your dependency, advisors, for your coadjuvação. 2-the advisers referred to in the preceding paragraph shall be appointed by the Supreme Judicial Council from among judges of law not less than rated Good with distinction and seniority of not less than 5 and not more than 15 years. 3-the number of advisers is fixed by order of the members of the Government responsible for the areas of finance, justice and public administration on a proposal of the Superior Council of Magistracy. 4-The assessors shall apply the provisions of paragraphs 1 and 4 of article 57 of the Statute of judicial magistrates. Article 169 plenary Jurisdiction Are within the competence of the plenary of the Superior Council of Magistracy: the) Practice the acts referred to in article 165, the judges of the Supreme Court of Justice and of the relationships or to these courts; b) Assess and decide complaints against acts performed by the President, by the Vice President or by vowels, when the superior courts or the respective judges; c) decide on the matters referred to in paragraph 1 (b)), (c)), f) and (g)) of article 165; d) Deliberating on the proposed compulsory retirement or penalty of dismissal provided for in the Statute of judicial magistrates; and) appreciate and decide the matters not provided for in the above which are PRESIDENCY of the COUNCIL of MINISTERS 114 avocados for your initiative, on a proposal of the Permanent Council or the reasoned request of any of its members. f) perform the other functions assigned to it by law. Article 170 permanent Council's Competence Are the responsibility of the Permanent Council acts not included in the previous article, as well as decide, depending on the sections of the disciplinary and taxonomic features of the deliberations of the Council of bailiffs. Article 171 the President 1-the President of the Superior Council of Magistracy: the) represent the Council; b) perform the functions delegated to it by the Council, with the power to sub-delegate the Vice President; c) give ownership to the Vice President, the judicial inspectors and the Secretary; d) directing and coordinating inspection services; and) Develop, upon proposal by the Secretary, permanent execution orders; f) perform the other functions assigned to it by law.

2-the President may delegate the competence for the Vice President to give ownership to judicial inspectors and Secretary, as well as the powers provided for in points (a) to (d)) and e) of the preceding paragraph. Article 172 PRESIDENCY of the COUNCIL of MINISTERS Vice President Racing 1 115-it is the Vice President of the Superior Council of the judiciary to override the President on his absences or impediments and perform the functions delegated to it. 2-the Vice President can sub-delegate in vowels serving full-time the duties are delegated or subdelegated. Article 173 competence of the Secretary the Secretary of the High Council of Magistracy: a) to guide and direct the secretariat services under the supervision of the President and in accordance with the rules of procedure; b) submit order of the President and the Vice President of the jurisdiction of these matters and that, by your nature, warrant the convening of the Council; c) promote the implementation of the resolutions of the Council; d) Elaborate and propose to the President orders a permanent execution; and) prepare the draft budget of the Council; f) motion judicial proposals; g) Attend the meetings of the Board and plowing the respective minutes; h) to request the courts or any other public and private entities the information necessary for the operation of the services; I) give ownership to employees who provide service in the Council; j) perform the other functions assigned to it by law.

PRESIDENCY of the COUNCIL of MINISTERS article 174 116 plenary 1-Working meetings of the plenary of the Superior Council of Magistracy ordinarily take place once a month and extraordinarily whenever convened by the President. 2-the deliberations are taken to the plurality of the votes, and the President a casting vote. 3-for the validity of the proceedings requires the presence of at least 10 members. 4-in the meetings in which they discuss or decide on the access to the Supreme Court of Justice and appointment of their judges participate, in an advisory, the Attorney General of the Republic and the Chairman of the bar. 5-the Supreme Judicial Council can convene to participate in meetings, in an advisory, the Presidents of the relationships that are not part of the Council and the Presidents of the district courts, and should always call the first case of graduation for access to the Supreme Court of Justice, provided they are not prevented. Article 175 functioning of Permanent Council 1-sections of the Permanent Council shall meet ordinarily, once a month and extraordinarily whenever convened by the President. 2-validity of the proceedings requires the presence of at least five members. 3-applies to the operation of the Permanent Council the provisions of paragraphs 2 and 5 of the preceding article. Article 176 delegation of powers to PRESIDENCY of the COUNCIL of MINISTERS


117 1-the Supreme Judicial Council may delegate to the President, with the sub-delegation College Vice President, empowered to: a) Order extraordinary inspections; b) Initiate inquiries and sindicâncias; c) allow magistrates if leave the service; d) Grant authorization to reside in different place of residence must, in accordance with the Statute of judicial magistrates; and) extend the time limit for the possession and require or permit is taken in place or different entity; f) Indicate magistrates to participate in working groups; g) Resolve other matters of your competence. 2-Can still the Supreme Judicial Council delegate in the Presidents of the Supreme Court of Justice and relations, as well as the Presidents of the county courts to practice acts of your competence. 3-the powers referred to in (c)) and (d)) in paragraph 1 are carried out by delegation of the Supreme Judicial Council, with regard to the District Court, by the respective Presidents, without prejudice to the right to appeal.

Article 177-1 processes distribution processes are distributed by lottery, in accordance with the rules of procedure. 2-the vowel to whom the process is distributed is the your rapporteur. 3-the rapporteur requests the documents, processes and steps it considers necessary, and those requested by the indispensable time, subject to the secrecy of Justice PRESIDENCY of the COUNCIL of MINISTERS and 118 in order not to cause prejudice to the parties. 4-in the case of the rapporteur to be won, the drafting of the resolution rests with the vowel that is designated by the President. 5-If the matter is of simplicity, the Rapporteur expresses can subject it to consideration with exemption of visas. 6-the decision to adopt the fundamentals and proposals, or just the first, the inspector or instructor of the judicial process can be expressed by a simple judgment agreement, with exemption of report. SECTION III of the Supreme Judicial Council Secretariat Article 178 people organization, the framework and arrangements for provision of the Secretariat staff of the Superior Council of Magistracy are defined in own diploma.

CHAPTER II Board of Governors of the Administrative and tax Courts section I structure and organization Article 179 the Board Definition of the administrative and Tax Courts is the organ of management and PRESIDENCY of the COUNCIL of MINISTERS 119 judges of discipline and administrative jurisdiction. Article 180 1 Composition-the Board of Governors of the Administrative and tax Courts is presided over by the President of the Supreme Administrative Court and comprised of the following vowels: a) Two appointed by the President of the Republic; b) Four elected by the Assembly of the Republic; c) Four judges elected by their peers, in accordance with the principle of proportional representation. 2-is recognized for the administrative and tax jurisdiction the Office of Member of the Board of Governors of the Administrative and tax Courts. 3-the term of Office of the members elected to the Council is four years, and may only be a re-election.

4-election of judges referred to in point (c)) paragraph 1 spans two alternate judges that replace the respective holders in their absences, absences or impediments. 5-For the election of judges referred to in subparagraph (c)) of paragraph 1 are active electoral capacity all judges serving on Administrative and tax jurisdiction and passive electoral capacity only who are equipped permanently or in service. 6-When operating needs so require, the Board of Governors of the Administrative and tax Courts can affect exclusive to your service, one or more of its PRESIDENCY of the COUNCIL of MINISTERS 120 members referred to in subparagraph (c)) of paragraph 1, to replace each of them, in the respective court, a judge. Article 181a 1 Presidency – President of the Board of Governors of the Administrative and tax Courts is replaced by the following: a) By older of the Vice-Chairmen of the Supreme Administrative Court which forms part of the Council; b) by older of the judges of the Supreme Administrative Court which forms part of the Council. 2-In case of emergency, the President may perform acts within the competence of the Board of Governors of the Administrative and tax Courts, subjecting them to ratification of this in the first session.

SECTION II the competence and functioning Article article 182 the Council Jurisdiction of administrative courts and tax: a) to appoint, promote, transfer, exonerate and appreciate the professional merit of the judges of the administrative and tax jurisdiction and exercise disciplinary action in respect of them; b) Enjoy, admit, delete and graduate candidates in competition; c) Meet the appeals of decisions brought administrative PRESIDENCY of the COUNCIL of MINISTERS made in 121 materially administrative disciplinary matters, the Chairmen of the central administrative courts, the Chairmen of the administrative courts of circle and the Chairmen of the tax courts, as well as of other law provides for; d) Order inquiries, investigations, and inspections services sindicâncias of the courts of the administrative and tax jurisdiction; and) plan of annual inspections; f) prepare the seniority lists of judges; g) Suspend or reduce the distribution of cases to judges who are responsible for other services of recognised importance to fiscal and administrative jurisdiction or in other situations which justify the adoption of such measures; h) approve the rules of procedure, your competitions and inspections; I) issue the identity cards of the judges, identical to the model of the judges of judicial courts; j) propose to the Member of Government responsible for the area of Justice legislative measures with a view to the improvement and the increased efficiency of the administrative and tax jurisdiction; k) issue opinions on legislative initiatives that relate to the administrative and tax jurisdiction; l) Establish annually, with the support of the Department of the Ministry of Justice with competence in the field of audit and modernization, the maximum number of processes to distribute every magistrate and the maximum period allowable for the respective procedural acts whose term is not established by law; m) Manage the scholarship judges;

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122 n) establish the criteria should preside over the distribution in the administrative courts, in compliance with the principle of the natural judge; the) exercise the other functions assigned to it by law. 3-the Board of Governors of the Administrative and tax Courts may delegate to the President, or other of its members, the competence to: a) acts of day-to-day management and approve inspections; b) Appoint judges for one of the sections of the Supreme Administrative Court and central administrative courts; c) extraordinary inspections, investigations, Ordering inquiries and sindicâncias.

Article 183 1 Operation-the Board of Governors of the Administrative and tax Courts meets ordinarily once a month and extraordinarily whenever convened by the President, for your initiative or at the request of at least one third of its members. 2-the Board of Governors of the Administrative and tax Courts can only work with the presence of two-thirds of its members. Article 1-the Presidency 184.º President of the Superior Council of the Administrative and tax Courts is replaced by the following: a) By older of the Vice-Chairmen of the Supreme Administrative Court which forms part of the Council;

PRESIDENCY of the COUNCIL of MINISTERS 123 b) by the oldest of the judges of the Supreme Administrative Court which forms part of the Council. 2-In case of emergency, the President may perform acts within the competence of the Board of Governors of the Administrative and tax Courts, subjecting them to ratification of this in the first session. Article 185 competence of the President the President of the Board of Governors of the Administrative and tax Courts:) Drive the Council sessions and oversee in respective services; b) fix the day and time of ordinary sessions and extraordinary sessions be convened; c) give ownership to inspectors and to the Secretary of the Council; d) directing and coordinating inspection services; and, for your initiative) preparing or upon proposal by the Secretary, permanent execution instructions; f) exercise the powers delegated to it by the Council; g) exercise other functions as may be conferred by law. Article 186 1 support services-the Board of Governors of the Administrative and tax Courts has a secretariat with the Organization, Board and staff serving the regime secure in its own diploma. 2-the Board of Governors of the Administrative and tax Courts have a Secretary, designated by you, preferably between judges who provide service in administrative courts of circle or tax courts.

PRESIDENCY of the COUNCIL of MINISTERS Article 187 § 124 competence of the Secretary the Secretary of the Board of Governors of the Administrative and tax Courts: a) to guide and direct the secretariat services under the supervision of the President and in accordance with the rules of procedure; b) undergo judgment of the Affairs of your competence and supporting the convening of the Council;

c) propose to the President to draw up permanent execution instructions; d) promote the implementation of the resolutions of the Council and of the orders and instructions of the President; and) prepare the draft budget of the Council; f) drawing up plans to move magistrates; g) attend the meetings of the Council and prepare the respective minutes; h) Promote the collection, along with any entities, information or other elements necessary for the operation of the services; I) give ownership or receive the Declaration of acceptance of Office as employees in the service of the Council; j) exercise other functions as may be conferred by law. Article 188 of the Secretariat Functions to the Secretary of the Board of Governors of the Administrative and tax Courts is the responsibility of PRESIDENCY of the COUNCIL of MINISTERS provide 125 administrative support and assistance required for the normal development of the activity of the Council and to the preparation and implementation of its deliberations, in accordance with and in the respective diploma in rules of procedure.



CHAPTER III Board of Governors public prosecutor section I structure and organization Article 189-Definition the Board of Governors of the public prosecution service is the top organ of management and discipline of magistrates of the Public Ministry, part of the Attorney General of the Republic, in accordance with the Constitution and the Statute of the Prosecutor's Office. Article 180 1 Composition-the Attorney General of the Republic exercises the disciplinary and competence of your management of the management of the Public Ministry through the Board of Governors of the Public Ministry. 2-make up the Board of Governors of the Public Ministry: a) the Attorney General of the Republic;

PRESIDENCY of the COUNCIL of MINISTERS 126 b) Four attorneys general due, in accordance with the respective regulations; c) A Deputy Attorney General, elected from amongst and by Deputy Attorneys General; d) Two public prosecutors elected from among and by the public prosecutors; and Deputy Prosecutors) four elected from among and by the Deputy Prosecutor, one Deputy Prosecutor for the area of jurisdiction of the Court of appeal of Lisbon, a Deputy Prosecutor for the area of jurisdiction of the courts of appeal of Porto and the relationship of Guimarães, a Deputy Prosecutor for the area of jurisdiction of the Court of appeal of Coimbra and a Deputy Prosecutor for the area of jurisdiction of the Court of appeal of Évora; f) five members elected by the Assembly of the Republic; g) two personalities of recognized merit designated by the Member of Government responsible for the area of Justice. 3-public prosecutors may refuse the position of Member of the Board of Governors of the Public Ministry. Article 191 electoral Principles 1-the election of magistrates referred to in subparagraphs (a) (c)) and d) of paragraph 2 of the preceding article is made by universal and secret suffrage, corresponding to each of the categories an electoral college formed by the respective magistrates in effectiveness of functions. 2-the election of magistrates referred to in point (e)) of paragraph 2 of the preceding article is made by secret and universal suffrage, based on four electoral colleges formed by the respective magistrates in effectiveness of functions, each electoral college PRESIDENCY of the COUNCIL of MINISTERS


127 to the area of jurisdiction of the courts of appeal, in accordance with the procedure referred to in the said paragraph. 3-the Census of the magistrates is organized automatically by the Attorney General of the Republic. 4-voters provided the exercise of voting rights by correspondence. Article 192 active and passive electoral Capacity Are eligible voters and magistrates belonging to every category in effective exercise of functions in the public prosecutor's Office. Article 193-1 Election Date elections take place within the 30 days prior to termination of the offices or in the first 60 after the occurrence of the vacancy. 2-the Attorney General of the Republic announces the date of the election, at least 45 days, by a notice published in the Gazette. Article 194 organizing lists and election form 1-The vowels of the High Council of the public prosecutor referred to in points (d)) and e) of paragraph 2 of article 180 are elected through lists subscribed for a minimum of 20 and 40, respectively. 2-the election of magistrates referred to in subparagraph (d)) of paragraph 2 of article 180 makes in accordance with the principle of proportional representation and the highest average method, with obedience to the following rules: a) clears up separately the number of votes obtained by each list;

PRESIDENCY of the COUNCIL of MINISTERS 128 b) the number of votes is divided successively by 1 and 2, and the quotients considered with decimal part lined up by descending order of your greatness in a series of so many how many terms of the mandates assigned to the respective organ; c) mandates belong to the lists that match the terms of the series established by the previous rule, receiving each of the lists as many mandates as their terms in the series; d) in the case of one or more terms is left to distribute, and to the following terms of the series are equal and different lists, the mandate or mandates the list or lists that have obtained the largest number of votes; e) If more than one list has an equal number of votes, the attribution of mandates and the Electoral Act being repeated. 3-the election of magistrates referred to in subparagraphs (a) (c)) and e) of paragraph 2 of article 180 makes according to the majority principle, being assigned the mandate to the candidate of the most voted list. 4-the lists include two alternates for each candidate. 5-there can be candidates for more than one list. 6-in the absence of candidates, the election is based on list organized by the Higher Council of the Public Ministry.

PRESIDENCY of the COUNCIL of MINISTERS Article 129 195 seats distribution the distribution of seats is done according to the order of conversion of votes into mandates. Article 196.º 1-the elections Commission monitoring the regularity of electoral acts and the final tabulation of the vote compete to a Commission of elections. 2-Constitute the Commission of elections the Prosecutor-General and the members referred to in subparagraph (b)) of paragraph 2 of article 180. 3-Has the right to join the Election Committee a representative from each competitor list to the Electoral Act. 4-the functions of President shall be exercised by the Prosecutor General of the Republic and the decisions taken to the plurality of votes, and the President a casting vote. Article 197 the Commission of elections, especially elections Committee shall be responsible to resolve the doubts raised in the interpretation of the electoral regulation and decide complaints arising during the electoral operations.



PRESIDENCY of the COUNCIL of MINISTERS Article 130 198 electoral Litigation litigation feature of electoral acts is brought, within 48 hours, to the Supreme Administrative Court. Article 199.º provisions of electoral process procedures not listed in the preceding articles are set out in a regulation to be published in the Diário da República. Article 1-200th positions Exercise The vowels referred to in (c)), d) and (e)) of paragraph 2 of article 180, are the offices for a period of three years, renewable for a time in the period immediately following. 2-where, during the exercise of his duties, a judge ceases to belong to the category or grade source tiered or is prevented, is called the element following the same list, if there is, then, the first alternate and, failing that, the second alternate. 3-in the absence of the third string, Declaration of vacancy and the new election shall be in accordance with the preceding articles. 4-alternates and members subsequently elected exercise their positions until the end of the term of Office in which was vested the original holder. 5-the term of Office of the members elected by the Assembly of the Republic shall expire with the first meeting of Parliament subsequently elected. 6-the term of Office of the members appointed by the Member of Government responsible for the PRESIDENCY of the COUNCIL of MINISTERS of Justice 131 expires with the swearing in of new Minister, and confirm them or make another appointment. 7-Notwithstanding the cessation of their respective mandates, the members elected or appointed shall remain in Office until the inauguration of the come to replace. Article 201 status of members of the High Council of the Public Ministry 1-The vowels other than judges shall apply the system of guarantees for prosecutors. 2-the High Council of the Public Ministry determines the cases in which the Office of vowel should be exercised, the number of magistrates may not be lower than that of not magistrates. 3-are designated, at least two members who exercise the position of full-time and vowel in exclusivity. 4-members of each other elected by public prosecutors enjoy service reduction in percentage to be determined by the Board of Governors of the Public Ministry. 5-The vowels of the Superior Council of the Prosecutors serving in a full-time regime receive remuneration corresponding to the vowel magistrate of higher category. 6-The vowels are entitled to attendance allowance or passwords in the form and in an amount to be fixed by order of the members of the Government responsible for the areas of finance and justice and, if domiciled or allowed to reside outside of Lisbon, the subsistence allowance in accordance with the law. SECTION II the competence and functioning of the COUNCIL of MINISTERS PRESIDENCY


Article 132 202 Competence rests with the Board of Governors of the Public Ministry: a) Name, place, transfer, promote, exonerate, enjoy the professional merit, exercise disciplinary action and, in General, perform all the acts of a similar nature relating to public prosecutors, with the exception of the Attorney General of the Republic; b) approve the election of the Council regulation, the rules of procedure of the Attorney-General of the Republic, the effective regulation of contests for provision of places of public prosecutors laid down in the respective status and proposed budget of the Attorney General of the Republic; c) deliberate and issue directives regarding the internal organization and management of frames; d) propose to the Attorney General of the Republic to issue directives that must obey the actions of prosecutors; and propose to the Government) responsible for the area of Justice, through the Attorney General of the Republic, legislative measures with a view to the efficiency of the public prosecutor and to the improvement of judicial institutions; f) Meet the claims provided for in this law;

g) approve the annual plan of inspections and determine the performance of inspections, sindicâncias and investigations; h) issue opinions in matters of judicial organization and, in General, of the administration of Justice;

PRESIDENCY of the COUNCIL of MINISTERS 133 i) perform the other functions assigned to it by law. Article 203 Operation 1-the Board of Governors of the Public Works Ministry in plenary or in sections. 2-the plenary shall consist of all members of the High Council of the Public Ministry. 3-plenary meetings of the Supreme Council of the Public Ministry are held, ordinarily every two months and, extraordinarily, whenever called by the Attorney General of the Republic, for your initiative or at the request of at least seven of its members. 4-the deliberations are taken to the plurality of votes, and the Attorney General of the Republic the casting vote. 5-for the validity of the proceedings of the House requires the presence of a minimum of 13 members of the High Council of the Public Ministry, the disciplinary sections and professional merit assessment a minimum of seven members and the permanent section a minimum of three members. 6-the High Council of the Public Ministry's secretariat by the Secretary of the Attorney-General of the Republic.

7-other rules relating to the functioning and organisation of the High Council of the Public Ministry and its sections are set out in the rules of procedure of the Attorney-General of the Republic. Article 204 Sections PRESIDENCY of the COUNCIL of MINISTERS 134 1-the Board of Governors of the public prosecutor's Office has a permanent section, which deliberate on matters delegated to it by the plenary and do not fit in the competence of the professional merit assessment and discipline. 2-make up the permanent section the Attorney-General of the Republic and four other members appointed by the plenary, two of which among the vowels that serving in a full-time regime, safeguarding as the vowels the equal representation of magistrates and judges not. 3-in the case of enjoy the professional merit, the Superior Council of Public Works Ministry into sections. 4-the materials relating to the exercise of disciplinary action are within the competence of the disciplinary section. 5-make up the disciplinary section of the Attorney General of the Republic and the following members of the High Council of the Public Ministry: a) five of the members referred to in paragraph 1 (b)), d) and (e)) of paragraph 2 of article 180, elected by their peers, in proportion to their representation; b) Deputy Attorney General referred to in point (c)) of paragraph 2 of article 180; c) Three of the personalities referred to in subparagraph (f)) of paragraph 2 of article 180, elected by and from among those, for periods of 18 months; d) one of the personalities referred to in subparagraph (g)) of paragraph 2 of article 180, designated by lot, for rotating periods 18 months. 6-it is not possible the election or going on a tie, the Attorney General of the Republic shall appoint non-elected members, with respect for the provisions of the final part of subparagraph (a)) of the preceding paragraph. 7-the deliberations of the sections fit complaint to the plenary session of the Supreme Council of the Public Ministry.

PRESIDENCY of the COUNCIL of MINISTERS Article 135 205 1-processes distribution processes are distributed by drawing lots by the members of the High Council of the public prosecutor, in accordance with the rules of procedure. 2-the vowel to whom the process is distributed is the your rapporteur. 3-In case of complaint to plenary, the process is distributed to different rapporteur. 4-the rapporteur can order documents, processes and steps it deems necessary, being pulled by the time essential processes, subject to the secrecy of Justice and so as not to cause prejudice to the parties. 5-in the case of the rapporteur to be won, the drafting of the resolution rests with the vowel that is designated by the President. 6-If the matter is of manifest simplicity, can the Rapporteur submit her appreciation with exemption of visas. 7-the decision to adopt the fundamentals and proposals, or just the first, the inspector or instructor of the process can be expressed by judgment of agreement, with exemption of report. Article 206 delegation of powers to the Board of Governors of the public prosecutor may delegate to the Attorney General of the Republic the practice of acts that, by your nature, should not wait for the Council meeting. Article 207 Appearance of the Member of Government responsible for the area of justice the Member of Government responsible for the area of Justice attends the meetings of the PRESIDENCY of the COUNCIL of MINISTERS Council of the Public Ministry 136 when understand to make communications and request or provide clarification. CHAPTER IV applicable law Article 208 statutory norms In all that is not expressly regulated by this title, shall apply the Statute of judicial magistrates, the Statute of the administrative and tax courts and the status of public prosecutors, which are governed by their own law.



TITLE XII transitional and final provisions chapter I transitional provisions Article 209 appointment of the management organs of the Court the President of the Court, the public prosecutor and the Judiciary Administrator Coordinator shall be appointed until six months before the implementation of districts organized pursuant to be defined in the decree-law establishing the arrangements applicable


PRESIDENCY of the COUNCIL of MINISTERS 137 the organisation and functioning of the judicial courts, with a view to your active participation in all the organizational process. Article 210.º Constitution of the Advisory Board the Advisory Board must be composed of up to three months after the implementation of the district. Article 211 Judges in Office in courts of appeal 1-law judges currently exercise functions as auxiliaries in the courts of appeal, while maintaining the requirements on the date of your appointment as such, and so require in each judicial movement, remains in that position until being promoted to judges judges in accordance with the Statute of judicial magistrates , or even be disconnected from service.

2-the waiving of curricular promotion contest judge judge implies renouncing a helper place maintenance provided for in paragraph 1. Article 212.º Provision of places of judge 1-the judges of the courts of enforcement of sentences, the Central Criminal Court, the maritime Court of intellectual property Court and the Court of competition, regulation and supervision, which gather the requirements legally required, have absolute preference in the first provision of places in the corresponding courts of Jurisdiction. 2-circuit judges and judges of mixed rods that gather the requirements legally required have absolute preference in the first provision of places in the PRESIDENCY of the COUNCIL of MINISTERS relevant sections 138 civil and or criminal central authorities. 3-the judges of the criminal courts, the judges of the great criminal authorities and the judges in the Court trial affectation collective bringing together the requirements legally required have absolute preference in the first provision of places in the corresponding criminal sections of the central authorities. 4-the judges of the civil courts and the judges of the great civil bodies that fulfil the requirements legally required have absolute preference in the first provision of places in the corresponding civil sections of the central authorities. 5-the judges of the courts of criminal and criminal judgments, the judges of the courts of family and minors and the family and children courts, the judges of the labour courts and the labour courts, the judges of the joint work and judgment of family and minors, judges of the courts of trade and Commerce and judgments the judges of the courts of implementation , who possess the requirements legally required, have absolute preference in the first provision of places in the corresponding sections of the central authorities.

6-County judges have absolute preference in the first provision of places in the corresponding sections of the local instances. 7-the remaining judges are preferred in the first provision of places in the corresponding sections of the local bodies, without prejudice to the application of the preferences stated in the preceding paragraphs, which take precedence. 8-the judges of the courts of small civil instance have absolute preference in the first provision of places in the corresponding sections of civil local instances. 9-in the case of equal preference, are respected the general criteria of classification and seniority.

PRESIDENCY of the COUNCIL of MINISTERS 139 10-the preferences provided for in this article shall not apply to judges. 11-for the purposes of this article, shall be deemed to be the corresponding sections that have jurisdiction over any of the municipalities included in the area of jurisdiction of the Court, stick or judgment. Article 213 Dismissed the prosecutors 1-prosecutors placed in judicial circles, the counties or the departments extinguished by the entry into force of this law and your regulation, bringing together the requirements legally required, are given preference in placement in the corresponding frames of new counties, depending on your category. 2-the preference is exercised in the first movement of putting judges, ordinary or extraordinary, for the provision of places created in new regions, in accordance with the regulations by the Board of Governors of the Public Ministry. 3-The auxiliary magistrates benefit from the preference provided for in this article, in accordance with the regulations by the Board of Governors of the Public Ministry. Amendment 214 article personal maps changes the initial definition of personal maps can be made from the end of a period of 12 months after the implementation of the district. Article 215 management report in the year of implementation of each of the regions the annual report referred to in point (f)) of paragraph 2 of article 106 shall be drawn up within six months after the installation of the PRESIDENCY of the COUNCIL of MINISTERS 140 counties. 216 article 1 courts installation-the installation of the Supreme Court of Justice and the Court of appeal constitutes direct burden of the State. 2-while the State does not have adequate buildings, the installation of judicial courts in buildings or parts of buildings owned by municipal authorities in charge. Article 217 Standard cross references to courts, sticks or judgements contained in other diplomas must be understood as made to the courts or the competent sections pursuant to this law. CHAPTER II final provisions article 218 additional standards within 60 days of the publication of this law, the Government approves the Ordinance making the your regulations. Article 219 Deliberations within the respective competencies, the Superior Council of the Magistracy and the High Council of the Public Ministry shall take the decisions necessary for the implementation of the present law and its complementary norms, in particular for the purposes of redistribution of PRESIDENCY of the COUNCIL of MINISTERS 141 processes. Article 220 of the Treaty Provision of places of broad territorial jurisdiction courts 1-the judges placed in places of broad territorial jurisdiction courts cannot exercise functions in the said Court for more than six years. 2-after the six-year period referred to in the preceding paragraph, the judges placed in places of broad territorial jurisdiction have absolute preference in the provision of places in the region where is installed the respective Board and which fulfil the requirements legally required.


Article 221 putting judges in the Central 1 instances-the judges putting civil, criminal sections sections, sections of criminal, family and smaller sections, sections of labour and trade sections of the central bodies are appointed from among judges of law with more than 10 years of service and rating of not less than Good with distinction. 2-Constitute factors merit consideration in the appointment, in descending order of preference, the classification of service and seniority. 3-in the absence of judges of law with the requirements of paragraph 1, the appointment shall apply the provisions of the preceding paragraph. 4-the preceding paragraphs shall apply to judges to put before the courts of jurisdiction.

PRESIDENCY of the COUNCIL of MINISTERS Article 1 remuneration Index 222.º 142-the judges referred to in the previous article receive by index scale circumstantial 220 currently applicable to the category table of judges of circle or assimilated. 2-If exceptionally there is need to put Deputy Prosecutor in representation functions in sections or courts referred to in the previous article, the same derives, while there remains in Office, by 220 circumstantial range index of the table currently applicable to the category of public prosecutors.



Article 223 the judges placed on implementing judgements the judges who hold that currently carry out functions in implementing judgments entered in the pilot counties do not see changes to remuneration that already receive, while remain in sections that correspond to them. Article 224 Standard set shall be repealed: a) articles 1 to 159 of the law No. 52/2008 of 28 August, in part in approving the law on organization and functioning of the Judicial Courts;

PRESIDENCY of the COUNCIL of MINISTERS 143 b) Law No. 3/99, of 13 January; c) Decree-Law No. 28/2009, 28 January; d) Decree-Law No. 25/2009, of 26 January; e) Decree-Law No. 186-A/99, of 31 May. Article 225a entry into force 1-without prejudice to the provisions in number following, this law shall enter into force on 1 January 2014.

2-the article 209 shall enter into force on the day following publication of this law. 3-the Court of appeal of Lisbon is responsible, from the day following publication of this law, in order to assess the appeals of decisions of the Court of competition, regulation and supervision.

Seen and approved by the Council of Ministers of 22 November 2012 Prime Minister Deputy Minister and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS 144 annex I (referred to in paragraph 1 of article 32) Court of appeal of Guimarães competence area: Counties: Braga, Portugal, Viana do Castelo and Vila Real. Court of appeals of the port Area of competence: Districts: Aveiro, Porto and Porto This. Court of jurisdiction: execution of Court Sentences.

Court of appeal of Coimbra Area of competence: Districts: Castelo Branco, Coimbra, Guarda, Leiria and Viseu. Extended territorial jurisdiction courts: Court sentences execution of Coimbra.

Court of appeal of Lisbon remit: Regions: Azores, Lisbon, Lisbon, Lisbon, North West and wood. Court of jurisdiction: intellectual property Court, Court of competition, regulation and supervision, Maritime Court, Court of execution of Punishments of Lisbon and Central Criminal Court.

PRESIDENCY of the COUNCIL of MINISTERS 145 Court of appeal of Evora competence area: Counties: Beja, Évora, Faro, Portalegre, Santarém and Setubal. Extended territorial jurisdiction courts: Court sentences execution of Évora.

PRESIDENCY of the COUNCIL of MINISTERS 146 ANNEX II (referred to in paragraph 2 of article 33) Region of the Azores: Ponta Delgada: Municipalities: Angra do Heroísmo, Calheta (São Jorge), Crow, Garden, pond, Lajes das Flores, Lajes do Pico, Madalena, Northeast, Ponta Delgada, Town, Ribeira Grande, Santa Cruz da Graciosa, Santa Cruz das Flores, São Roque do Pico, Candles , Praia da Vitória, Vila do Porto and Vila Franca do Campo. District of Aveiro headquarters: Aveiro District: Municipalities: Águeda, Albergaria-a-Velha, Anadia, Aveiro, Arouca, Castelo de Paiva, Espinho, Estarreja, Ílhavo, Mealhada, Murtosa, Oliveira de Azeméis, Oliveira do Bairro, Ovar, Santa Maria da Feira, São João da Madeira, Sever do Vouga, Vagos and Vale de Cambra. District of Beja: Beja: Municipalities: Aljustrel, Almodôvar, Alvito, Bounds, Beja, Castro Verde, Cuba, Ferreira do Alentejo, Mértola, Moura, Odemira, Serpa and Ourique, Vidigueira.

PRESIDENCY of the COUNCIL of MINISTERS 147 district of Braga: Braga Archdiocese Headquarters: Municipalities: Amares, Barcelos, Braga, Cabeceiras de Basto, Celorico de Basto, Esposende, Fafe, Guimarães, Póvoa de Lanhoso, Terras de Bouro, Vieira do Minho, Vila Nova de Famalicão, Vila Verde and Vizela. Bragança district headquarters: Bragança District: Municipalities: customs of the faith, Bragança, Carrazeda de Ansiães, Freixo de Espada à Cinta, Macedo de Cavaleiros, Miranda do Douro, Mirandela, Mogadouro, Torre de Moncorvo, Vila Flor, Vimioso and Vineyards. Castelo Branco district headquarters: Castelo Branco: Municipalities: Belmonte, Castelo Branco, Covilhã, Fundão, Idanha-a-Nova, Oleiros, Penamacor, Proença-a-Nova, Sertã, Vila de Rei and Vila Velha de Ródão.



PRESIDENCY of the COUNCIL of MINISTERS of Coimbra District 148 Seat: Coimbra: Arganil, Cantanhede, municipalities: Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira do Hospital, Pampilhosa da Serra, Penacova, Penela, Soure, and Vila Nova de Poiares. District of Évora: Évora District Headquarters: Municipalities: Alandroal, Arraiolos, Estremoz, Borba Évora, Montemor-o-Novo, Mora, Mourão, Portel, Redondo, Reguengos de Monsaraz, Vendas Novas, Viana do Alentejo and Vila Viçosa. District of Faro: Faro District Headquarters: Municipalities: Albufeira, Alcoutim, Aljezur, Castro Marim, Faro, Lagoa, Lagos, Loulé, Monchique, Olhão, Portimão, São Brás de Alportel, Silves, Tavira, Vila do Bispo and Vila Real de Santo António.



District of Guarda PRESIDENCY of the COUNCIL of MINISTERS


149 Seat: Constituency: Municipalities: Aguiar da Beira, Celorico da Beira, Almeida, Figueira de Castelo Rodrigo, Fornos de Algodres, Gouveia, Guarda, Manteigas, Meda, Pinhel, Sabugal, Portugal, Trancoso and Vila Nova de Foz Côa. District of Leiria: Leiria District: Municipalities: Alcobaça, Alvaiázere, Ansião, Batalha, Bombarral, Caldas da Rainha, Castanheira de Pera, Figueiró dos Vinhos, Leiria, Marinha Grande, Nazaré, Óbidos, Pedrógão Grande, Peniche, Pombal and Porto de Mós. Comarca de Lisboa: Lisboa District Headquarters: Municipalities: Alcochete, Almada, Barreiro, Moita, Montijo Lisbon and Seixal. Lisbon North County Seat: Loures: Municipalities: Alenquer, Arruda dos Vinhos, Azambuja, Cadaval, Loures, Lourinhã, Odivelas, Sobral de Monte Agraço, Torres Vedras and Vila Franca de Xira.

Comarca de Lisboa West Headquarters: Sintra PRESIDENCY of the COUNCIL of MINISTERS: 150 Municipalities: Amadora, Cascais, Mafra, Oeiras and Sintra. Region of Madeira: Funchal: Municipalities: Calheta (Madeira), Funchal, Câmara de Lobos, Machico, Ponta do Sol, Porto Moniz, Porto Santo, Ribeira Brava, Santa Cruz, Santana and São Vicente. District of Portalegre: Portalegre District Headquarters: Municipalities: Alter do Chão, Arronches, Campo Maior, Aviz, Castelo de Vide, Crato, Elvas, Fronteira, Monforte, Hawk, Marvão, Nisa, Ponte de Sor, Portalegre and Sousel. The Port Headquarters: port: Municipalities: Gondomar, Maia, Matosinhos, Porto, Povoa de Varzim, Santo Tirso, Trofa, Valongo, Vila do Conde and Vila Nova de Gaia.

O Port This head office: Penafiel PRESIDENCY of the COUNCIL of MINISTERS: 151 Municipalities: Amarante, Baião, Felgueiras, Lousada, Marco de Canaveses, Paços de Ferreira, Paredes and Penafiel. Santarém district headquarters: Santarém District: Municipalities: Abrantes, Alcanena, Almeirim, Alpiarça, Cartaxo, Benavente, Chamusca, Constância, Coruche, Trunking, Ferreira do Zêzere, Mação, Golegã, Ourém, Rio Maior, Salvaterra de Magos, Santarém, Sardoal, Tomar, Torres Novas and Vila Nova da Barquinha. Comarca de Setúbal Setúbal District Headquarters:: Cities: alcacer do Sal, Grândola, Santiago do Cacém, Palmela, Sesimbra, Setúbal and Sines. Viana do Castelo County Seat: Viana do Castelo: Municipalities: Arcos de Valdevez, Caminha, Melgaço, Monção, Paredes de Coura, Ponte da Barca, Ponte de Lima, Valença, Viana do Castelo and Vila Nova de Cerveira. Vila Real district headquarters: Vila Real: PRESIDENCY of the COUNCIL of MINISTERS 152 Municipalities: Alijó, Boticas, Chaves, Lamego, Mondim de Basto, Montalegre, Murça, Peso da Régua, Ribeira de Pena, Sabrosa, Santa Marta de Penaguião, Vila Pouca de Aguiar, Valpaços and Vila Real. Viseu district headquarters: Viseu: Municipalities: Armamar, Carregal do Sal, Castro Daire, Cinfães, Lamego, Mangualde, Moimenta da Beira, Mortágua, Nelas, Oliveira de Frades, Penalva do Castelo, Penedono, Resende, Santa Comba Dão, São João da Pesqueira, São Pedro do Sul, Sátão, Sernancelhe, Tabuaço, Tarouca, Tondela, Vila Nova de Paiva, Viseu and Vouzela.

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