Key Benefits:
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Proposal for Law No 114 /XII
PL 522/2012
2012.11.22
Exhibition of Motives
1. The judicial organization, in our country, has its basilar principles plastered in the
Constitution of the Portuguese Republic.
It is in the Constitution that the fundamental provisions of the
the Portuguese judiciary, within the framework of which arise, from among the most relevant, the
principle of access to law and courts, the principle of independence of courts
and of the Judges, and the principles of public hearings of the courts and binding force
of their decisions, which prevail over those of any other entities.
Whether the existing constitutional precepts frame us, clearly, as to the model
and organization of our justice system, do not detain, nor is this supposed, the detail
necessary for a more global but in-depth knowledge of the system of
administration of Portuguese justice.
Add to that the successive legislative interventions that, to date, come into being
in the judicial organization gave way to a profusion of chic legal diplomas
of this organization, which do not allow to vist and identify the justice system as a
all single, where easily the categories and competences of the courts easily
existing, their hierarchical and functional interdependence, their organization model
and functioning, the function of the judicial professions and the role of the governing bodies and
judicial discipline that in them must interact.
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2. The organization of the justice system is the structural basis around which they gravitate all
the issues concerning access to justice, and for that reason, it is important to interpret,
in an integrated perspetive, the mechanisms for dispute resolution, the sense of the
hierarchy of the courts, the logic of implementation and functioning of the same and the
skills that assist them.
If it is certain that in the last year it has been debating the reform of the judicial organisation,
circumscribed to the model of organisation and functioning of the common jurisdiction, of the
judicial tribunals, through the paper presented named " Strategic Lines
for the Reform of the Judicial Organization " , the truth is that, in the course of the proceedings,
has deemed it necessary to go further by providing forensic practitioners, but
also to the common citizen, a single piece of legislation containing the normatives
necessary to a comprehensive, systematic and aggregating seizure of the entire system of
justice.
It matters, in this aspeto, to consider that, without prejudice to the duties of the professionals of the
right within the framework of the system, it is fundamental that the entire citizen can easily
understand and interiorize.
3. The present proposed Judiciary System Act inspires in the
constitutional recognition of the various normative complexes and instances of
resolution of conflicts that currently coexist, in the strict measure in which not
contravenes constitutional values, and intends to pave the way for a total change
of paradigm in our system of justice, by restructuring the organization and
operation of the judicial courts and rethinking, including, the organization and
operation of other jurisdictions.
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This proposed Judiciary System Organization Act finds its
development in the existing organic and regulatory legislation, to be created or to change, in
compliance with the provisions in it constant.
To a certain extent, this proposed law breaks with a tradition and aims to be a
first step towards the consolidation of the entire legislative frame of reference of the system
judiciary.
It will be complemented, in the immediate way, with a draft decree-law establishing the
arrangements for the organization and operation of the judicial courts and, in a second, with the
revision of professional statutes. Afterwards, it will have sequence with the completion of the
process of review, ongoing, of the Statute of Administrative and Fiscal Courts.
4. In the senda of constitutional normatives, they are contemplated in this proposed Act
of the Organization of the Judiciary System the main provisions and ordinating principles
of the system of justice, as they are: the qualification of the courts as a body of sovereignty,
with competence to administer justice on behalf of the people; the principle of
independence of the courts and their exclusive subjection to the dictates of law; the principle of
independence of the judge; the right of the courts to the coadjuvation on the part of the other
public authorities; the principle of publicity of the courts ' hearings, which
allows to strengthen the guarantees of defence of citizens in the face of justice and,
simultaneously, robustness of the public legitimacy of the courts; the consecration of the
autonomy of the Public Prosecutor's Office, as the competent body to represent the State,
engage in criminal action and uphold the democratic legality and interests that the law
determine; the principle of access to law and effective jurisdictional tutelage, of which
results that it cannot be denigrated access to justice by insufficiency of means
economic and that everyone is entitled to the achievement of a decision by the courts in
reasonable period and by fair process; the duty to state reasons for decisions
of the courts and their mandatory character for all public and private entities.
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5. The proposed law that presents itself intended to elencate, in its title II, the various
practitioners of the justice system, referencing judges of the judicial magistrate
and administrative and tax jurisdiction and strengthening the constitutional provisions
relating to the principles of independence of judges, guarantees and incompatibilities and
to the respects rules of appointment, placement, transfer and promotion.
In parallel, the specificities of the magistrate of the Public Prosecutor's Office are indicated,
autonomy, the hierarchical subordination of its magistrates, within that body,
and the impossibility of your transfer, suspension, retirement or resignation, else us
cases provided for in the law.
The reference to lawyers and solicitors, as well as to officers of justice,
complete the framework of the professions that interact within the judicial system.
A proposal for a law that is intended to be framed by the judicial organisation not
could fail to make reference to the Constitutional Court, as a competent court
to administer justice in matters of a juridical-constitutional nature. The
provisions relating to the organisation and functioning of the Constitutional Court have
hosting in the respects Organization, Health and Process of the Court
Constitutional.
6. In the same way it was important to enshrine and recognize the key role that the
Top Councils have in the management of the judiciary, giving them the merited protagonism
in the present proposed framework law and organization of the whole system.
Correspondingly, the Statutes of the Magistrates will be removed such provisions,
maintaining, however, all those relating to matters of assessment and discipline, as well as
all of which set the status of a body of its own, densifying the provisions
constitutional.
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It does not promote, with the present proposed law, changes to the internal organisation of the
Top Councils or the Attorney General of the Republic.
In effect, and in the case of the Attorney General of the Republic respects, the disappearance, in the
legal text, of the designation of district attorney general is due exclusively to the
abandonment of the concept of judicial district, avoiding the use of the same term for
different contents. The architecture of the Attorney General of the Republic will be
established in its own registered office, the Statute of the Magistrates of the Public Prosecutor's Office, being,
at that head office, sought the best articulation in that hierarchical organization of the figure of the
magistrate of the prosecutor's office coordinator of the comarch.
7. Take advantage of this opportunity, equally, to make an amendment in the
judicial calendar.
The opening of the courts is signalled by the society after the summer holidays, in
September. The judicial cycle is actually what goes from the end of the summer to the beginning of summer
of the following year. It is, too, that the cycle of forensic practitioners, who adjust and
schedule your life in function of that calendar.
Hence it has been deemed to be adjusted to celebrate the opening of the judicial year in
coincidence with this natural cycle, and if it has contemplated a norm that transfers the
solemn session that every year takes place in the Supreme Court of Justice for the month
of September. It is therefore abandoned as the current coincidence with the calendar year and proceeds to the
its alignment with the judicial year.
8. It is consensual that the profound social and economic transformations occurred in the
recent years have propitiated the increase in litigiousness, with the consequent growth
of the demand for the judicial tutelage and pending proceedings and their long duration in the majority
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of the courts, specifically in economic thematics.
There have been several legislative interventions aimed at reversting this trend, some
with more success than others, being certain that the reform of the judicial organization if
presents as a determinant in the improvement of access to justice and the increase in
efficiency, effectiveness and transparency of the system.
The reorganisation of the judicial courts attempted in 2008 by the XVIII Government
Constitutional, through the passage of Law No. 52/2008, of August 28, although
detain, at its core, valid objectives of enlargement of the territorial base, installation of
specialized jurisdictions at the national level and implementation of a new model of
management of the courts, fell short of what it considers to be a model adjusted to the
operation of the courts and to allow, definitely, the development of a
celere, effective and proximity justice.
The evaluation report of the operation of pilot comarks, installed under the
Law No. 52/2008 of August 28 came, likewise, to denounce some weaknesses in the
system in the meantime implemented, related to the need to conceive of shape
integrated the human resources framework (judicial magistrates and the Public Prosecutor's Office and
officials of justice), of equating solutions that allow for greater proximity
of justice to citizens, specifically in the jurisdiction of family and minors, and to evaluate the
distribution of expert judgements analyzing, in concrete, mobility solutions
existing (distances / network viaria/public transport).
Add to that, at the current economic-financial juncture of the country, it matters to have present
a heightened concern in the implementation of mechanisms that allow for a
better and more effective management of the material and human resources and resources affections to the
courts, clearly not contemplated in the said law.
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In that measure, the organisational model set out in Law No. 52/2008 of August 28,
has been reequated, departing from a higher concentration and specialization of the offer
judicial, without prejudice to, on par with, coexisting a decentralization of judicial services,
developing and deepening the organizational model there established.
The reorganization enshrined in this proposed law is not confined to one another.
simple modification of the territorial conformation of the new comarks. Aims to go more
in addition, deepening and extending substantially to the interior of the country the specialization of the
judicial offer and introducing a clear agilization in distribution and tramway
procedural, a facilitation in the affectation and mobility of human resources and a
autonomy of the management structures of the courts, which will allow them, in particular, to
adoption of gestionary practices by objectives.
It was on the basis of these assumptions that a broad collection work has been drawn up.
organisational and statistical elements, particularly those resulting from the process of
implementation of Law No 52/2008 of August 28 and those for evaluating the results of the
current pilot comarks. That study and evaluation gave way to the paper presented at
June by this Government named " Strategic Lines for the Reform of the
Judicial Organization ", the one that has already been referred to. The document was the object of a
broad national debate, within which contributions have been collected from all the
agents involved in the change, without prejudice to the formal hearings that result now
mandatory in respect of this proposed law.
Here arrivals, it matters, with some detail, enunciate the main lines of the proposal
of reorganization of the judicial tribunals ora presented, in large part consolidated
following the debate on the matter that to date has elapsed.
9. Proposing the establishment of a new territorial matrix of judicial constituencies
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that allows to aggregate the current comarks in more broad-ranging territorial areas,
making coinciding, as a rule, the administrative districts with the new comarks, by
consider constituting their capitals centrally the object of a clear identification and
immediate on the part of the populations, which have easy and guaranteed acessibilities.
In fact, the adoption by Law No. 52/2008 of August 28, of the territorial matrix of the
NUTS III as a mechanism of division of judicial constituencies, entailed
disadvantages inherent in a certain mismatch between the structure of the courts and the
of the remaining public services, the organization of which was not determined by that matrix.
On the other hand, the implementation of new comedic seat structures on the basis of
territorial delimitation of NUTS, supported on a merely economicistic basis, would,
in some situations, deeply artificial and potentiator of local conflicts,
checking, in addition to the more, that road and cultural circuits do not have as
center those sedes.
Hence the option has been made by the administrative district as a territorial basis of
reference.
The administrative district connates, in fact, a territorial division that, by its
dimension, and for dealing with a reality rooted in the socio-economic life of the
populations, if it reveals itself as the most appropriate to a new judicial organization, giving
response to the population's ensejo in general.
In each comarch (that is, in each administrative district, save two exceptions
perfectly justifiable and justified) will exist only a judicial court of
1 th instance, with territorial competence corresponding to the territorial circumscription where
whether it includes, without prejudice to an array adjusted to the specificities of Lisbon and Porto, which
will be rematch, respectively, in three and two comarches, and from a matrix of its own to
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the two Autonomous Regions, resulting from the consecration and recognition of their
autonomal specificities.
In what concerne the Lisbon and the other bank of the river Tejo (Almada,
Seixal, Barreiro, Moita, Montijo and Alcochete), being recognized the existence of forms
of economic integration, social dynamics, the sense of mobility of the population
active, mechanisms of interdependence and own demographic scale of a dimension
metropolitan, imposes itself on the creation of a model as per this territorial unit,
o what motivates the enlargement of the area of territorial competence of the comarch of Lisbon,
increasing the specialization of the courts, bringing about, also so, the justice of the
people and companies.
Thus, the division of the national territory is proposed, for the purposes of organizing the
judicial tribunals, in the following 23 comarks, elated by alphabetical order: Azores,
Aveiro, Beja, Braga, Bragança, White Castle, Coimbra, Évora, Faro, Guard, Leiria,
Lisbon, Lisbon Norte, Lisbon West, Madeira, Portalegre, Porto, Porto Este, Santarém,
Setúbal, Viana do Castelo, Vila Real and Viseu.
The seat and territorial area of each comarch will be set out in the decree-law that will approve
o Regime of the Organization and Functioning of Judicial Courts.
As for the territorial circumscription of the courts of the Relation, the reference to the
judicial districts and it is determined that the territorial competence of those courts take
by reference groupings of comarch.
It is proposed to organize the judicial court of 1. th instance of each comarch in
Central instances, preferentially located in the district capitals, and in
Local Instances.
The Central Instances have, as a rule, competence for the entire geographical area
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corresponding to the comarch and unfolds in cable sections, which tramway and adjudicate,
as a rule, the issues of value of more than € 50000, in criminal sections,
intended for the preparation and trial of the causes crime of the jurisdiction of the court
collective or by the jury, and in the remaining sections of specialized competence (Trade,
Execution, Family and Minors, Criminal Instruction and Work), which prepares and adjudicates the
subjects whose competence is assigned to them by law.
Sections of specialist competence may become situated at the seat of the comarch or
in other municipalities in the circumscription and have, as a general rule, a territorial competence which
covers more than one municipality, and may, still have competence for the whole
comarch. In this way, it is intended to provide a judicial response even further
flexible and closer to populations.
Local Bodies consist of sections of generic jurisdiction of the court
judicial of 1 th instance, who tramway and adjudicate the causes not attributed to the Instance
Central and the courts of extended territorial jurisdiction, and may unfold in
cable, criminal or small-crime matter, and distribute themselves by the municipalities of the
comarch where to justify its existence.
The broadening of the competence of the Local Instances, in civil matters, is expected to
causes of value up to € 50000, without such enlargement having any implication in the
value of the wingers, which remain unchanged, and for the practice of urgent acts in
matter of family and minors. Such a move will enhance the importance of Local Instances and
will allow the channeling of processes from more congested courts to others
courts that have, at departure, lower procedural volume.
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The division of the comarch in Central and Local Instance, and corresponding unfolding
in sections of specialized and generic competence, introduces a greater degree of
specialization in judicial offering and allows, in the same way, to broaden or implement,
as a rule, in all the comarks the specialisation which, until then, found itself only
accessible to citizens and businesses of large urban centres.
Still as far as the organisation of the court is concerned, it is proposed to set up sections of
proximity. In these sections, which are also an integral part of the Local Instance,
exercise official functions of justice, which have full access to the information system
procedural of the court, and with competence to provide information of a general character
or procedural, within the framework of the comarca respect, receptionate papers, articulated and
other documents intended for proceedings that run in any section of the
comarch in which to infact, operationalize and accompany the representations of
hearing through videoconferencing and practicing other acts that come to be
determined by the governing bodies of the comarch. It is not ascribe to these units
entitlements of the exercise of the jurisdictional function, but in them they can be practised
jurisdictional and held hearings or sessions of judgements.
The similarity of what is found today already enshrined in the national legal order, provides for-
whether the continuity of judicial structures that tramway and adjudicate processes of subjects
determined, with competence over the entire national territory-courts of
extended territorial competence, which are Tribunals of Specialized Competence. With
effect, if on the one hand the specificity of the matter advises the consecration of a
specialized structure, the number of processes and their dispersion by the territory, well
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how the possibilities of telematics treatment, recommend your treatment only
by a unit at the national level.
The management structures of these courts should be appropriate to the new model of
management and organization ora proposed, weighted the scope of its competence.
On the other hand, situations of courts remain with competences that cover more
than a comarch, as is the case with the Paean Enforcement Courts, situation that
will keep, owing, in these cases, also the procedural management objectives being
defined by the presiding judge of the competent court, in direct articulation with the
Superior Council of the Magistrature, being the remaining managerial skills
by the governing body of the comarch where to find seated the Court of Enforcement of
Feathers in question.
10. The comarch, resourced in function of the new territorial matrix, will have a new model
of management, which assigns you greater autonomy and which will enable you, in particular, to
adoption of gestionary practices by objectives.
Thus, it is proposed that the management of each judicial court of 1 th instance be ensured
by a management board, centered on the figure of the presiding judge, but with a
tripartie structure, composed of the latter, appointed in commission of service by
choice of the Superior Council of Magistrature, by a magistrate of the Ministry
Public coordinator, appointed in commission of service by the Higher Council of the
Prosecutor's Office, which runs the MP's services in the comarch, and by an administrator
judiciary, also appointed in commission of service by the president of the court, by
choice of between elements proposed by the Ministry of Justice, through the Direction-
General of the Administration of Justice.
In that management structure, each player will have own competences in the subjects
for which you find yourself vocationally, owing the presiding judge to articulate the
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Superior Council of the Magistrature, the magistrate of the prosecutor's office coordinator
with the Superior Council of the Public Prosecutor's Office, and the judicial administrator with the
Ministry of Justice, through the Directorate General of the Administration of Justice, being
reserved some materials for deliberation of the management board, specifically the
relating to the placement of personnel and the definition of places to be filled in the comarch,
weighted the own competences of the departments of the Public Prosecutor's Office and services
judicial.
It appears appropriate for this tripartiting structure as well as the manner of the appointment of its
members, taking into account the necessary convergence that integrated management of a
court implies, in an articulation of different legitimities and competences.
It is further proposed that when in total the sections installed in a municipality exercise
functions more than five judges, can be appointed judicial magistrates
coordinators, to exercise delegated powers of the presiding judge in the framework of
respects sections and appointed by the Superior Council of Magistrature, under proposal
of the presiding judge.
As noted, the chair of the court will be fit for a judge, with competences of
representation and direction of the comarch, of procedural, administrative and functional management.
Among the most relevant ones, the implementation skills of methods of
work and measurable goals for each organic unit, specifically in the fixation
of indicators of the appropriate procedural volume, monitoring and evaluation of the
court activity, namely the quality of services provided to citizens, and
of the procedural motion of the court, identifying the pending proceedings by time
considered excessive or those that are not resolved within a reasonable period of time.
The magistrate of the coordinating public prosecutor's office is responsible for the direction and
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coordination of the activity of the Public Prosecutor's Office in the comarch, by competing with him,
inter alia, keep up with the development of the goals set for the services
of the Public Prosecutor's Office, proceed to the distribution of the service among the procurators of the
Republic of the same comarch and among attorneys-adjoined and propose to the Council
Top of the Public Prosecutor's Office the reaffection of magistrates of the Public Prosecutor's Office
scope of the same comarch or the affectation of processes, for tramping, to another
magistrate who is not your holder.
The judicial administrator has administrative and managerial skills, such as the
direction of the services of the office of the comarch, the management of the use of the facilities,
equipment and spaces of the court, the distribution of the comarch's budget, after
approval, and respect execution, under guidance from the Ministry of Justice.
In this model, the presiding judge, without prejudice to the powers of direction and
representation of the Court, will focus its action on the effective realization of the functions of
jurisdictional management, specifically in the tasks of procedural management and fixation of
goals in this framework, in articulation with the Superior Council of the Magistrature,
relegating to the judicial administrator the skills of functional cariz and
administrative, in a permanent articulation between the local management bodies of the
courts and the organs of the central administration, with originating competences in the
administration and management of financial and material public resources.
The prior appointment of the members of the management structure is expected so that they can
follow up the implementation of the new comarks, specifically with promotion of the
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rules for the transfer of the processes that ensure lower number of redistributions.
Aderese, thus, without reservation, to the need to fasting the implementation of the new
model of judicial organization, whose entry into force is expected to occur in the whole
national territory, without exceptions, as a fundamental and necessary condition for your
success.
The similarity of the one set out in Law No. 52/2008 of August 28, remains the
prediction of an organ with advisory functions for each comarch-Council
Advisory-composed of the integral elements of the governing body and by
representatives of the other judicial professions, participants in the activity of the comarch,
of the municipalities that integrate it and the users of the services of justice.
This new model promotes the involvement of the professionals of justice and the
community in the management of the comarch and contributes to the homogenization of the response
judicial in the whole country.
11. The implementation, in the courts, of management mechanisms by objectives shows
determinant in the realization of the principle of effective jurisdictional tutelage. In fact, the
management of the judicial system in the function of preferentially quantified objectives, in
each comarch and in each section, constitutes an essential change in combating the
procedural morosity, expressly plasmized as a measure to be implemented in the
program of this Government.
In that line, the annual realization is expected in the month of June of a meeting between the
Superior Council of the Magistrature, the Superior Council of the Public Prosecutor's Office and the
member of the Government responsible for the area of justice with a view to proceeding to a
assessment of the strategic objectives, for the subsequent judicial year, regarding the
set of the courts of 1. th instance.
Based on the defined strategic objectives, the presiding judge of the comarch and the
magistrate of the coordinating public prosecutor's office present, to the respective Councils,
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a proposal for procedural purposes of the comarch, subject to homologation of the same.
At the end of each court year a report shall be drawn up by each comarch,
communicating the degree of fulfillment of the established goals and indicating the causes
of the main deviations.
Being the comarch consisting of a single court court of 1 th instance, with a
area of extended territorial jurisdiction, the management of this structure mandates that there is a
single budget, a single map of personnel for justice officials, integrated
in a single registry for the entire comarch and that the number of magistrates is
equally defined for the comarch in a global fashion.
12. The proposed reform could not discurate the need for crucial changes in the
system for the management of human resources of the courts, specifically of the magistrates
and of the officials of justice.
As noted, each comarch must have a single personnel map for
officials of justice, owing the number of magistrates to be equally defined
global form for the comarch.
Providing a greater malleability, the principle of fixing the number is adopted
global judges for each comarch by interval, advocating that the lower number
correspond to the number of judges suitable for the tramping of the regular movement
expectable of processes and the maximum number result from the addition considered
necessary to respond to the acquis of pending cases in arrears in that same
court.
In addition, it is anticipated that, upon a proposal from the presiding judge of the comarch, may the
Top Council of the Magistrature to determine the reaffection of judges or their affection to the
tramping of other processes, within the framework of the comarch, with a view to the balance of the
procedural load and efficiency of services. In the same way, can the presiding judge
to propose to the said Council the exercise of functions of judges in more than one section of the
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same comarch, respected the principle of the specialization of the magistrates, weighted
the needs of the service and the existing procedural volume.
As for bail-out officers, this law should be a potentiator of the introduction of
mobility mechanisms in the respect of status allowing for further adjustment
between the existing resources and the needs of each court.
In this aspet, the changes to be made to the status of bail-out officers should be
compatible, inclusive, with the powers that in this proposed law to be attributed to
to the judicial administrator, of remaning bail-out officers within the same comarch and
in the legally defined limits, upon reasoned decision and where if
show unviable the resource to bail-out officers who find themselves in a situation of
availability.
13. In the line of the constitutional cast over the various categories of courts, it does
reference to the Court of Auditors as the supreme court of law enforcement and
regularity of revenue and public expenditure and the judgment of the accounts that the law
send you submit, which you are competent to appreciate the good financial management and
effectuate responsibilities for financial infractions.
14. The inclusion, in the present proposal of law, of the administrative and tax jurisdiction has by
objective to equate a further adjustment of your organisation and functioning
(currently reflected in the Statute of the Administrative and Fiscal Courts) to the model of
proposed reorganization to the judicial courts, specifically as far as
to the division of judicial constituencies, to the structure and organization of the courts
administrative and tax and the respect model of management. In effect, it is considered that
the model here clinched for the judicial tribunals should be paradigmatic in the organization
of the remaining courts.
However, by this date, the work of the committee responsible for the study of the
revision of the Code of Administrative Procedure, of the Statute of the Courts
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Administrative and Fiscal and the Code of Procedure in the Administrative Courts,
consisting of the order No. 9415/2012, of the Ministers of State and of Finance and of the
Justice, published in the Journal of the Republic , 2 th grade, of July 12, is understood to be in this
thirst that the debate on these subjects should be deepened and worked out.
15. Judicial courts are certainly the largest and the most important public resource of the
justice, but they are far from being the only instance of dispute resolution. As we know,
there are other alternative means of conflict resolution created by the State or by the
own society, such as arbitral tribunals, mediation services, or peace adjudications.
The means of alternative conflict resolution have express constitutional consecration
and have emerged, in recent years, as a way of responding to the inability of the courts
in the speedy and effective resolution of the socio-legal demand addressed to them, seeking
also a greater specialization of decision making.
With reference in this proposed law to the alternative mechanisms of resolution of
conflicts (arbitral tribunals, mediation and peace judgements), intends to assume, in a way
clear, the need for the development of arbitral justice, in the line of what, incidentally, was
established in the programme of this XIX Constitutional Government, where it refers that " In the
fields of civil, commercial, labour, administrative and tax justice, the state, citizens
and companies will give an important step if they have alternative means to the courts,
and may deliver the resolution of their disputes to the arbitral tribunals ".
16. Cumpre, as a final note, point out that the present proposal of the Organization Law of the
Justice System should not be seen in isolation, but as being part of a
more comprehensive reform work of the entire justice system, in which it includes: the
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revision of the Code of Civil Procedure, the amendment, already referred to, of diplomas achievable
administrative and tax jurisdiction, the amendment of the legislation on the judgments of peace and the
implementation of the Action Plan for Justice in the information society.
The Higher Council of the Magistrature was heard, the Higher Council of the Ministry
Public, the Superior Council of Administrative and Fiscal Tribunals, the Order of the
Lawyers, the Order of the Notaries, the House of Solicitors, the Union of the
Judicial Officers and the National Association of Portuguese Municipalities
The hearing was promoted by the Superior Council of Magistrates, of the Higher Council of the
Prosecutor's Office, of the Higher Council of Administrative and Fiscal Tribunals, of the
Council of the Officers of Justice, of the Trade Union Association of Portuguese Judges, of the
Syndicate of the Magistrates of the Public Prosecutor's Office, the Association of Justice Officers and
of the Officers ' Union of Justice.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Title I
Principles and general provisions
Article 1.
Object
This Law sets out the standards of framework and organization of the system
judiciary.
Article 2.
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Courts and jurisdictional function
1-Courts are organs of sovereignty with competence to administer justice in
name of the people.
2-A jurisdictional function is exercised by the courts.
3-In the administration of justice, it is incumbent upon the courts to ensure the defence of rights and
legally protected interests, crack down on the violation of democratic legality and drive
the conflicts of public and private interests.
Article 3.
Prosecutor's Office
1-The Public Prosecutor's Office represents the State, defends the interests that the law determines,
participates in the execution of the criminal policy defined by the organs of sovereignty, exercises the
criminal action guided by the principle of legality and upholds democratic legality, in the
terms of the Constitution, the status of the statute and the law.
2-The Prosecutor's Office enjoys own status and autonomy in relation to the rest
organs of central, regional and local power, in the terms of the law.
3-A autonomy of the Public Prosecutor's Office is characterized by its binding to criteria of
legality and objectivity and for the sole subjection of the magistrates of the Public Prosecutor's Office
to the directives, orders and instructions provided for in the law.
Title II
Judicial professions
CHAPTER I
Judges
Article 4.
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Independence of judges
1-The judges judge only under the Constitution and the law.
2-A The independence of judges is ensured by the existence of a deprivative body of management
and discipline of judicial magistracy, inamovibility and non-subjection to any
orders or instructions, unless the duty to accrate the decisions rendered on the track of
recourse by higher courts.
3-Judges cannot be held responsible for their decisions, save the exceptions
consignments in the law.
Article 5.
Guarantees and incompatibilities
1-Judges are unremovable, and may not be transferred, suspended, retired or
sacked otherwise in the cases provided for in the statute of the statute.
2-Judges in exercise may not perform any other public function or
private save the faculty or scientific research functions of a legal nature, not
remunerated, under the law.
3-The acting judges may not be appointed to odd service commissions to the
activity of the courts without authorization of the competent superior council.
4-A The law may establish other incompatibilities with the exercise of the function of judge.
Article 6.
Appointment, placement, transfer and promotion of judges
1-A appointment, the placement, transfer and promotion of judges of the judicial courts
and the exercise of disciplinary action compete for the Superior Council of the Magistrature, in the
terms of the law.
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2-A appointment, the placement, transfer and promotion of the judges of the courts
administrative and tax as well as the exercise of the disciplinary action, compete to the
Top Council of Administrative and Fiscal Courts, pursuant to the law.
3-A The law sets out the rules and determines the competence for the appointment, placement and
transfer, as well as to the exercise of disciplinary action in relation to the judges of the
remaining courts, with a safeguard of the guarantees provided for in the Constitution.
Article 7.
Judges of the judicial courts
1-The judges of the judicial courts constitute the judicial magistrate, form a body
single and are governed by the respected status, applicable to all judicial magistrates,
whatever the situation in which they find themselves.
2-A The law determines the requirements and rules of recruitment of the judges of the courts
court of 1. th instance.
3-The recruitment of the judges of the judicial tribunals of 2 th instance does so with prevalence
of the merit criterion, by curricular contest between judges of the 2 th instance.
4-Access to the Supreme Court of Justice is made by open curricular competition to the
judicial magistrates and the magistrates of the Public Prosecutor's Office and other legal experts of
merit, in the terms that the law determines.
Article 8.
Judges of the administrative and tax courts
1-The judges of the administrative and tax jurisdiction form a single body and govern themselves by the
provisions of the Constitution, the status of the statute and other applicable legislation and,
subsidally, by the statute of judicial magistrates, with the necessary adaptations.
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2-The judges of the administrative and tax jurisdiction are subject to the incompatibilities
established in the Constitution and the law and are governed by the status of judicial magistrates
in the aspets not provided for in the status of their own.
CHAPTER II
Magistrates of the Public Ministry
Article 9.
Magistrates of the Public Ministry
1-Are magistrates of the Public Prosecutor's Office:
a) The Attorney General of the Republic;
b) The Deputy Attorney-General of the Republic;
c) The procurators-general adjoining;
d) The Prosecutors of the Republic;
e) The attorneys-adjoining.
2-The magistrates of the Public Prosecutor's Office are responsible and hierarchically
subordinates, without prejudice to their autonomy, in the terms of the respect of the statute.
3-A magistrate of the Public Prosecutor's Office is parallel to the judicial magistrate and her
independent.
Article 10.
Representation of the Public Ministry
1-The Public Prosecutor's Office is represented:
a) At the High Court of Justice, in the Constitutional Court, in the Supreme Court
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Administrative Court and in the Court of Auditors, by the Attorney General of the
Republic, which can make itself replaced by attorneys general-adjuncts;
b) In the courts of the Relation and in the Administrative Central Courts by
attorneys general adjoining;
c) In the courts of extended territorial jurisdiction, in the sections of the central instance and
of the local instance and in the administrative courts of circle and tax courts,
by Assistant Attorneys General, Prosecutors of the Republic and by prosecutors
adjoining.
2-In the courts or sections referred to in Article 79 (2) and in Article 81 (3) a
representation is ensured, as a rule, by prosecutor of the Republic, with the exception of
implementation sections, the representation of which is secured by deputy attorney.
3-The magistrates referred to in paragraph 1 shall be substituted in the terms of the Statute of the
Prosecutor's Office.
Article 11.
Appointment, placement, transfer and promotion of the magistrates of the Ministry
Public
1-The magistrates of the Public Prosecutor's Office cannot be transferred, suspended,
promoted, retired, or dismissed otherwise in the cases provided for in the statute of the statute.
2-A the appointment, the placement, the transfer, the promotion, the exoneration, the appreciation of the
professional merit, the exercise of disciplinary action and, in general, the practice of all acts
of identical nature relating to the magistrates of the Public Prosecutor's Office, with the exception
of the Prosecutor General of the Republic, compete for the Attorney General of the Republic,
through the Higher Council of the Public Prosecutor's Office.
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CHAPTER III
Lawyers and Solicitors
Article 12.
Lawyers
1-Forensic sponsorship by lawyer constitutes an essential element in the administration of the
justice, and is admissible in any proceeding, and may not be impedeable before
any jurisdiction, authority or public or private entity.
2-For the defence of rights, interests or individual guarantees entrusted to them, the
lawyers may apply for the intervention of the competent courts,
how to fit them, without prejudice to the provisions of the laws of the process, to practise the acts of their own
provided for in the Act, namely to exercise the forensic mandate and legal consultation.
3-In the exercise of their activity, lawyers must act with complete independence and
technical autonomy and in an exempt and responsible manner, finding itself only linked to
criteria of legality and the ontological rules of the profession.
Article 13.
Immunity from the mandate given to lawyers
1-A The law assures lawyers the immunities necessary for the exercise of the acts of their own
in an exempt, independent and responsible manner, regulating them as an element
indispensable to the administration of justice.
2-To ensure the free and independent exercise of mandate that is entrusted to them, the law
assures lawyers for the necessary immunities at an effective performance,
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specifically:
a) The right to the protection of professional secrecy;
b) The right to the free exercise of sponsorship and non-sanctioning by the practice of
acts that comply with the status of the profession;
c) The right to the special protection of communications with the customer and to the preservation of the
secrecy of the documentation relating to the exercise of the defence;
d) The right to specific regime of imposition of stamps, arbearings and searches in
attorneys ' offices, as well as seizure of documents.
Article 14.
Order of Lawyers
The Order of the Lawyers is the representative public association of the lawyers, which enjoys
independence with respect to the organs of the state and is free and autonomous in its rules,
in the terms of the law.
Article 15.
Solicitors
1-The solicitors participate in the administration of justice, exercising the judicial mandate
in the cases and with the limitations provided for in the law.
2-In the exercise of their activity, solicitors must act with full independence and
technical autonomy and in an exempt and responsible manner, finding itself only linked to
criteria of legality and the ontological rules of the profession.
3-A The law assures solicitors the appropriate and necessary conditions for the exercise
independent of the mandate that is entrusted to them.
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Article 16.
House of Solicitors
The House of Solicitors is the representative public association of the solicitors, enjoying
of legal personality.
Article 17.
Facilities for use of the Order of Lawyers and of the House of Solicitors
1-A Order of the Lawyers and the House of Solicitors are entitled to the exclusive use of
facilities in the buildings of the courts as long as they are booked, and may,
by way of protocol, the allocation of the charges in respect of
equipment and costs with respect to conservation and maintenance.
2-Judicial mandators are entitled to the exclusive use of facilities that, in view of the
their functions, they are intended.
CAPITCHAPTER IV
Officers of justice
Article 18.
Career of bailout officer
1-Atries the nature and specificity of the functions that the bail-out officer assures and
develops, integrates special regime career, in the terms provided for in the law.
2-bail-out officers carry out specific functions in compliance with the content
functional and in the terms set out in the respective statutes, and they ensure, in the secretaries of the
courts and services of the Public Prosecutor's Office, the expedient and the regular tramway of the
processes, in accordance with the law.
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Article 19.
Statute
The bail-out officers are governed by their own status.
Article 20.
Placement
The admission to career, placement, transfer and provisioning in managerial positions
compete with the Directorate General of the Administration of Justice, under the law.
Article 21.
Rights, duties and incompatibilities
1-bail-out officers enjoy the general rights provided for the workers who
exercise public functions and are subject to the duties and incompatibilities for these
predicted.
2-bailed officers shall still enjoy special rights and are subject to the duties and
incompatibilities arising from the assigned functions and constants of the respective status
professional.
Title III
Courts
Article 22.
Independence of the courts
The courts are independent and are only subject to the law.
Article 23.
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Coadjuvation
1-In the performance of their duties the courts are entitled to the coadjuvation of the others
authorities.
2-The provisions of the preceding paragraph shall cover in particular, where necessary, the
guard of the premises and the maintenance of the order by the security forces.
Article 24.
Decisions of the courts
1-The decisions of courts that are not mere expedient are grounded in the
form provided for in the law.
2-Courts decisions are mandatory for all public and private entities and
prevail over those of any other authorities.
3-A The law regulates the terms of the enforcement of the decisions of the courts in respect of any
authority and determines the sanctions to be applied to those responsible for its inexecution.
Article 25.
Audiences of the courts
The courts ' hearings are public, save when the court itself, in dispatch
reasoned, to decide otherwise, to safeguard the dignity of people and morals
public or to ensure its normal functioning.
Article 26.
Access to law and effective jurisdictional tutelage
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1-A everyone is assured access to the right and the courts for the defence of their rights and
legally protected interests, and cannot the justice be denigrated by insufficiency
of economic means.
2-Everyone has the right to legal information and consultation, to the judicial patronage and to do so
follow up with counsel in the face of any authority, under the law.
3-Everyone has a right to a cause in which they intervene to be the object of decision in
reasonable time and upon an equitable process.
4-For the defence of rights, freedoms and personal guarantees, the law assures citizens
court procedures characterized by speed and priority, so as to obtain
tutelage effective and in good time, against threats or violations of these rights.
Article 27.
Judicial year
1-The judicial year is beginning on September 1.
2-A The opening of the judicial year is signalled by the holding of a solemn session in the Supreme
Court of Justice, in which they use the word, full-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 the Government responsible for the area of
justice, the Attorney General of the Republic and the Bastonary of the Order of Lawyers.
Article 28.
Judicial vacations
The judicial vacations arise from December 22 to January 3, from Palm Sunday to the
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of Easter Monday and from July 16 to August 31.
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 tribunals of 1 th and of 2 th instance;
b) The Supreme Administrative Court and the other administrative tribunals and
tax;
c) The Court of Auditors.
2-The court courts of 2 st instance are, as a rule, the courts of the Relation and designate-
if by the name of the municipality in which they are installed.
3-The court tribunals of 1 st instance are, as a rule, the courts of comarch.
4-There can be arbitral tribunals and adjudicated peace.
Title IV
Constitutional Court
Article 30.
Competence and composition
1-The Constitutional Court competes specifically to administer justice in matters
of a jurydic-constitutional nature.
2-A composition, competence, organisation and functioning of the Court
Constitutional result of that provided for in the Constitution and in the law.
Title V
Judicial courts
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CHAPTER I
Structure and organization
Article 31.
Supreme Court of Justice
1-The Supreme Court of Justice is the superior body of the hierarchy of judicial courts,
without prejudice to the own competence of the Constitutional Court.
2-The Supreme Court of Justice functions as an instance court in cases that the law
determine.
Article 32.
Courts of Relation
1-A area of jurisdiction of the courts of Relation, save in the cases provided for in the present
law, it is defined in the terms of Annex I to this Law, of which it is an integral part.
2-It may proceed, by decree-law, to the creation of courts of the Relation or to the amendment of the
respects area of competence, after hearing from the Superior Council of Magistrature, da
Attorney General of the Republic and of the Order of Lawyers.
3-The courts of Relation may function in specialized sections.
Article 33.
Court courts of 1 th instance
1-The court courts of 1 st instance include the courts of territorial jurisdiction
extended and the courts of comarch.
2-The national territory is divided into 23 comarks, in accordance with Annex II to this Law,
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of which it is an integral part.
3-In each of the constituencies referred to in the preceding paragraph there is a judicial court
of the 1 th instance, designated by the name of the comarch where it is installed.
4-A headquarters and the territorial area are defined in the decree-law establishing the scheme applicable to the
organization and operation of the judicial courts.
Article 34.
Advisors
The Supreme Court of Justice and the courts of the Relation have aides that
supporting the judicial magistrates and the magistrates of the Public Prosecutor's Office, in the terms
defined in the law.
Article 35.
Office of support for the president of the comarch and the judicial magistrates and the
Prosecutor's Office
Each comarch, or set of comarches, can be endowed with supporting enclosures intended
to ensure advice and technical advice to the presidents of the courts and to the
judicial magistrates and the Public Prosecutor's Office, in the organic dependence of the Council
Superior of the Magistrature and the Attorney General of the Republic, respectively, in the
terms to be defined by decree-law.
Article 36.
Shifts
1-In the courts organize shifts to ensure the service that should be performed
during the court holidays or when the service justifies it.
2-In courts may still be organised shifts to ensure urgent service
provided for in the law, which should be performed on Saturdays, on holidays that fall in
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Monday and on the second day holiday, in case of consecutive holidays.
3-By the service provided in the terms of the previous number is due supplement
remunerative, to be defined by decree-law.
CHAPTER II
Competence
Article 37.
Extent and limits of competence
1-In the internal legal order, the jurisdiction is retained by the judicial tribunals according to
matter, the value, the hierarchy and the territory.
2-A The fixed process law the factors that depend on the international competence of the
court courts.
Article 38.
Fixation of competence
1-A fixed competence-if at the time the action is proposed, being irrelevant the
de facto modifications that occur afterwards, other than in the cases especially
provided for in the law.
2-Are also irrelevant the modifications of law, except if it is deleted the organ
to which the cause was affects or is assigned to it competence that it initially lacked
for the knowledge of the cause.
Article 39.
Prohibition of disaffection
No cause may be shifted from the court or competent section to another, other than
in the cases specially provided for in the law.
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Article 40.
Competence on the grounds of matter
1-Judicial courts have jurisdiction for causes that are not assigned to another
court order.
2-A This Law determines the competence, in the grounds of matter, between the courts of law
of 1 th instance, establishing the causes that compete with the sections of competence
specialized in the courts of comarch or the courts of territorial jurisdiction
extended.
Article 41.
Competence on the grounds of value
This Law determines the competence, in reason of the value, between the instances of the courts
of comarch, establishing the causes that compete for the cable sections of the central instances
and to the generic competence sections of the local instances, in the declarative actions cible of
common process.
Article 42.
Competence on the grounds of the hierarchy
1-Judicial courts are found to be hierarchized for the purpose of appeal of their
decisions.
2-In rule, the Supreme Court of Justice knows, in appeal, of the causes whose value
exceed the remit of the courts of Relation and these of the causes whose value exceeds the remit
of the judicial courts of 1 th instance.
3-In criminal matters, competence is defined in the respect of the law of process.
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Article 43.
Competence on the grounds of the territory
1-The Supreme Court of Justice has jurisdiction throughout the territory, the courts of
Relation and the judicial tribunals of 1 th instance, in the area of respect constituencies.
2-A The law of process indicates the factors that determine, in each case, the court
territorially competent.
Article 44.
Sidewalks
1-In civil matters, the remit of the courts of the Relation is € 30000 and that of the courts of 1.
instance is € 5000.
2-In criminal matters there is no alleway, without prejudice to the procedural provisions relating to the
admissibility of appeal.
3-A The admissibility of resources by the effect of the alters is regulated by the law in force to the
time in which action was instituted.
CHAPTER III
Supreme Court of Justice
SECTION I
General provisions
Article 45.
Headquarters
The Supreme Court of Justice is based in Lisbon.
Article 46.
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Powers of cognition
Outside of the cases provided for in the law, the Supreme Court of Justice only knows matter
of law.
SECTION II
Organization and operation
Article 47.
Organization
1-The Supreme Court of Justice comprises sections in civil matters, in criminal matters
and in social matters.
2-In the Supreme Court of Justice there is still a section for judgment of the resources of the
deliberations of the Superior Council of Magistrate.
3-A The section referred to in the preceding paragraph shall consist of the oldest of its deputy
presidents, who have a vote of quality, and by a judge of each section, annual and
successively designated, taking into account the antiquity respect.
Article 48.
Health
1-The Supreme Court of Justice works, under the direction of a president, in plenary
of the Court, in full of the specialized sections and by sections.
2-The Court's plenary is made up of all the judges who make up the sections and only
may work with the presence of at least three quarters of the acting judges.
3-At the full of the specialized sections or of the respective joint sections is applicable, with
the necessary adaptations, the provisions of the preceding paragraph.
4-The judges take seat alternately on the right and the left of the president, it said.
order of seniority.
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Article 49.
Filling of the sections
1-The Superior Council of the fixed Magistrature, whenever it judges it convenient, under
proposal of the President of the Supreme Court of Justice, the number of judges who
make up each section.
2-It is up to the President of the Supreme Court of Justice to distribute the judges by the sections,
taking successively into account your degree of specialization, the convenience of
service and the manifold preference.
3-The President of the Supreme Court of Justice may authorize the change of section or the
exchange between judges of different sections, with observance of the provisions of the number
previous.
4-When the rapporteur changes section, he / she remains both his / her competence and that of their adjoining
that have had a visa for trial.
Article 50.
Military judges
In the Supreme Court of Justice there is a military judge by each branch of the Armed Forces and
one of the Republican National Guard (GNR).
Article 51.
Sessions
The sessions take place second agenda, owing the date and time of the audiences to appear in
table affixed, in advance, in the atrium of the court, and may the same be still
released by electrolytic means.
SECTION III
Competence
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Article 52.
Competence of the plenary
It is incumbent on the Supreme Court of Justice, functioning in plenary:
a) Judging the resources of decisions rendered by the full of the criminal sections;
b) Exercising the remaining powers conferred by law.
Article 53.
Competences of the full sections
It is incumbent upon the full sections, according to their specialisation:
a) Judging the President of the Republic, the President of the Assembly of the Republic and the
Prime Minister for the crimes practiced in the performance of his duties;
b) Judging the resources of decisions rendered in 1 th instance by the sections;
c) Standardize case law, under the terms of the law of procedure.
Article 54.
Specialisation of sections
1-Cable sections judge the causes that are not assigned to other sections, the
criminal sections judge the causes of criminal nature and the 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 always to the
same section.
Article 55.
Competence of sections
It is incumbent on the sections, according to their specialisation:
a) Judging resources that are not within the competence of the full sections
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specialized;
b) Judging prosecutions for crimes committed by judges of the Supreme Court of Justice
and of the courts of the Relation and magistrates of the Public Prosecutor's Office
functions with these courts, or equiped, and resources in matter
counterordinance to them relating;
c) Judging the proposed actions against judges of the Supreme Court of Justice and the
courts of the Relation and magistrates of the Public Prosecutor's Office to carry out duties
together with these courts, or equated, because of their functions;
d) Know of the requests for habeas corpus , by virtue of unlawful imprisonment;
e) Know of the requests for review of criminal sentences, enact the cancellation of penalties
irreconcilable and suspend the execution of the penalties when enacted the review;
f) Decide on the application for the assignment of competence to another court of the same
species and hierarchy, in the cases of obstruction to the exercise of jurisdiction by the
competent court;
g) Judging, by means of the rapporteur, the terms of the resources to this committed by law
of process;
h) Practise, pursuant to the law of procedure, the jurisdictional acts concerning the
inquiry, direct the criminal instruction, preside over the instructional debate and profer
dispatch of pronunciation or non-pronunciation in the processes referred to in paragraph a ) from the
article 53 and in the b) of this article;
i) Exercising the remaining powers conferred by law.
Article 56.
Judgment in the sections
1-Out of cases provided for in the law of procedure and in the paragraphs g) and h) of the previous article, the
trial in the sections is effected by three judges, by having a judge the duties of
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rapporteur and the other judges the duties of adjoining.
2-A The intervention of the judges from each section in the trial is done, under the law of
process, according to the order of precedence.
3-When in a section it is not possible to obtain the number of judges required for the examination
of the proceedings and the decision of the cause, are called to intervene the judges of another section of the
same specialty, starting in the immediate vicinity to the judge who has bet the last
visa.
4-Not being possible to call to intervene judges of the same specialty, are called the
of the social section if the lack occurs in the civil section or in the criminal section and those of the section
cible if the lack occurs in the social section.
SECTION IV
Judges of the Supreme Court of Justice
Article 57.
Table of judges
1-The framework of the judges of the Supreme Court of Justice is set out in the decree-law that
establishes the regime applicable to the organization and operation of the judicial courts.
2-In the cases provided for in Article 11 (2), in Article 54 (3) and 1 (1)
137. of Law No. 21/85 of July 30, the table referred to in the preceding paragraph is
automatically increased in corresponding number of places, to be extinguished when
resume the effective service the judges who find themselves in the aforementioned situations.
3-The appointed judges for the increased posts referred to in the preceding paragraph
keep themselves as judges beyond the framework until they occupy the vacancies that compete them.
Article 58.
Judges beyond the frame
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1-When the service justifies it, in particular by the number or the complexity of the
processes, the Higher Council of the Magistrature may propose the creation, in the Supreme
Court of Justice, from places beyond the frame.
2-The places referred to in the preceding paragraph extinguish-if two years on the
date of its creation, keeping itself in the situation from beyond the framework the judges to these
appointed until they occupy the vacancies that would compete them, in accordance with the terms of paragraph 3 of the article
previous.
3-A The appointment of judges, under the terms of this Article, shall comply with the general rules of
propment of vacancies.
4-A The creation of seats referred to in paragraph 1 shall be approved by the porterie of the members of the Government
responsible for the areas of finance and justice.
SECTION V
Presidency of the court
Article 59.
President of the court
1-The judicial judges who make up the framework of the Supreme Court of Justice elect,
of with each other and by secret ballot, the president of the court.
2-It is elected president the judge who obtains more than half of the votes validly cast.
3-In the event that none of the judges obtain the amount of votes referred to in the preceding paragraph,
there is the second suffrage to which to compete only the two most voted judges,
applying, in the case of tie-up, the criterion of seniority in the category.
4-In the event of a tie in the second suffrage, he considers himself to be elected president the oldest
of the two judges.
Article 60.
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Precedence
The President of the Supreme Court of Justice takes precedence among all the judges.
Article 61.
Duration of the term of office of President
1-The term of office of the President of the Supreme Court of Justice shall have the duration of five years,
not being admitted to re-election.
2-The outgoing president remains in office until the inauguration of the new
president.
Article 62.
Competence of the President
1-Compete to the President of the High Court of Justice:
a) Chairing the plenary of the Court, to the full of the specialised sections and, when the
them to attend, to the conferences;
b) To approve the tables of the ordinary sessions and to convene the extraordinary sessions;
c) Ascertaining the vencent at the conferences;
d) Voting whenever the law determines it, by signing, in this case, the judgment;
e) Give possession to the vice-presidents, the judges, the secretary of the court and the
presidents of the courts of Relation;
f) Running the court, superintending in its services and ensuring its functioning
normal, issuing the work orders you have for necessary;
g) Exercise disciplinary action over the officers of justice on duty in the court,
relatively the penalty of gravity lower than that of a fine;
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h) Exercise the remaining functions conferred by law.
2-Of decisions rendered under the terms of paragraph f ) of the previous number is direct resource
for the section of the Contencious of the Supreme Court of Justice and, pursuant to the paragraph g ),
for the plenum of the Superior Council of Magistrate.
3-Compete still to the President of the High Court of Justice to know of the conflicts of
jurisdiction whose appreciation does not belong to the court of conflicts and, still, of the conflicts of
competency that occur between:
a) The plenos of the sections;
b) The sections;
c) The courts of Relation;
d) The courts of the Relation and the courts of comarch;
e) The comarch courts based in the area of different courts of Relation.
4-A The competence referred to in the preceding paragraph shall be delegated to the Vice-Presidents.
Article 63.
Vice-Presidents
1-The President of the Supreme Court of Justice is co-adjured by two vice-presidents.
2-The election and the exercise of the mandate of the Vice-Presidents shall apply the willing
relatively to the president, without prejudice to what, as to the election, establishes in the
following numbers.
3-Havendo simultaneous election of the Vice-Presidents, the judges consider themselves to be elected
get the highest number of votes.
4-In the event of obtaining equal number of votes, the second suffrage is carried out, to which
compete only the judges among whom the draw has occurred.
5-Subsisting the tie in the second suffrage, consider themselves elected the judge or the judges
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older in the category.
Article 64.
Replacement of the President
1-In your fallout and impediments, the president of the Supreme Court of Justice is
replaced by the oldest vice president in office or, if it is equal to the seniority of the
vice-presidents, by the oldest in the category.
2-Failing or being prevented by both Vice-Presidents, the President is replaced
by the oldest judge in exercise.
3-Taking into account the needs of service, the Superior Council of the Magistrature, under
proposal of the President of the Supreme Court of Justice, determines the cases in which the
vice-presidents may be exempt or privileged in the distribution of the processes.
Article 65.
Presidents of section
1-Each section is chaired by the judge who, from among those who make up it, is annually elected
your president for full respect.
2-A election referred to in the preceding paragraph shall be held by secret ballot, without discussion or
prior debate, in the first session of each judicial year presided over to that effect, by the
President of the Supreme Court of Justice or, by his delegation, by one of the deputy
presidents.
3-Compete to the President of the Chamber presiding over the sections and exercise, with due
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adaptations, the functions referred to in points b ), c ) and d ) of Article 62 (1)
CHAPTER IV
Courts of Relation
SECTION I
General provisions
Article 66.
Definition, organization and operation
1-The courts of the Relation are, as a rule, the courts of 2. th instance and shall be designated by the
name of the municipality in which they are installed.
2-The courts of Relation work, under the direction of a president, in plenary and by
sections.
3-The courts of the Relation comprise sections in civil matters, in criminal matters, in
social matter, in respect of family and minors, in matters of trade, of
intellectual property and competition, regulation and supervision, without prejudice to the
provisions of the following number.
4-A The existence of the social, family and minor sections, of trade, of ownership
intellectual and competition, regulation and supervision depends on the volume or the
complexity of the service and are installed by deliberation of the Superior Council of the
Judgeship, on a proposal from the president of the Relation's court of law.
5-The courts of the Relation can arrange for common services for administrative purposes.
Article 67.
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Table of judges
1-The framework of judges of the courts of Relation is set out in the decree-law establishing the
regime applicable to the organization and operation of the judicial courts.
2-The appointment of auxiliary judges to the courts of Relation is prohibited.
Article 68.
Military judges
The judges ' boards of the Courts of Relation of Lisbon and Porto presee a judge
military by each branch of the Armed Forces and one from GNR.
Article 69.
Representation of the Public Ministry
In the courts of Relation, the Public Prosecutor's Office is represented by attorneys general
adjoining designated in service commission by the Higher Council of the Ministry
Public, and may be co-adjured by other procuratorates-general adjoining or by
prosecutors of the Republic, pursuant to the law.
Article 70.
Subsidiary provisions
It shall apply to the courts of the Relation, with the necessary adaptations, the provisions of paragraphs 2 and
4 of Article 48 and in Articles 49 and 51.
SECTION II
Competence
Article 71.
Competence of the plenary
It is incumbent on the courts of Relation, functioning in plenary, to exercise the skills
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conferred by law.
Article 72.
Competence of sections
It is incumbent on the sections, according to their specialisation:
a) Judging resources;
b) Judging the proposed actions against judges of law and military judges of 1 th instance,
Prosecutors of the Republic and procurators-adjoining, because of their functions;
c) Judging prosecutions for crimes committed by the magistrates and military judges referred to
in the preceding paragraph and appeals in counterordinational matters to them relating;
d) Judging the judicial processes of international judicial cooperation in matter
penal;
e) Judging the processes of review and confirmation of foreign sentence, without prejudice
of the jurisdiction legally assigned to other courts;
f) Judging, through the rapporteur, the terms of the resources that are committed to him
by the law of process;
g) Practise, pursuant to the law of procedure, the jurisdictional acts concerning the
inquiry, direct the criminal instruction, preside over the instructional debate and profer
dispatch of pronunciation or non-pronunciation in the processes referred to in paragraph c );
h) Exercising the remaining powers conferred by law.
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SECTION III
Presidency
Article 73.
President
1-The judges who make up the framework of the court of Relation elect, from each other and by
secret ballot, the president of the court.
2-It shall apply to the election and the exercise of the term of office of the Chairman of the Relation, with the
necessary adaptations, the provisions of paragraphs 2 and 3 of Article 59 and in Article 61.
Article 74.
Competence of the President
1-The competence of the President of the Court of Relation shall apply, with the necessary
adaptations, the provisions of points a ) a d ), f ), g ) and h ) of Article 62 (1).
2-The chairman of the court of the Relation is competent to know from the conflicts of
jurisdiction between courts of the area of competence of the respective court of the court, and may
delegating that competence to the vice president.
3-Compete still to the president to give possession to the vice president, judges and the secretary of the
court.
4-Rule 62 (2) shall apply to decisions rendered in identical
material by the president of the court of Relation.
Article 75.
Vice-President
1-The president of each court of Relation shall be coadjured and replaced by a deputy
chair, in which you can delegate the exercise of your competences.
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2-It shall apply to the election and to the exercise of the term of office of Vice President the provisions of the article
63.
3-In your fallout and impediments, the vice president is replaced by the oldest of the
judges in exercise.
4-It shall apply to the Vice-Chair the precept in Article 64 (3).
Article 76.
Subsidiary provision
It shall apply to the courts of the Relation, with the necessary adaptations, the provisions of the article
65.
CHAPTER V
Court courts of 1 th instance
SECTION I
General provisions
Article 77.
Courts of comarch
The judicial tribunals of 1 st instance are, as a rule, the courts of comarch and designate themselves
by the name of the constituencies in which they are installed.
Article 78.
Competence
1-Compete to the courts of comarch prepare and judge the proceedings concerning causes not
covered by the competence of other courts.
2-The comarch courts are of generic competence and specialized competence.
Article 79.
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Unfolding
1-The comarch courts have unfolded in:
a) Central instances that integrate sections of specialized competence;
b) Local instances that integrate sections of generic competence and sections of
proximity.
2-In the central instances the following sections of competence may be created
specialized:
a) Cible;
b) Criminal;
c) Criminal instruction;
d) Family and minors;
e) Work;
f) Trade;
g) Execution.
3-In local instances, sections of generic competence may still unfold in
cable sections, in criminal sections and in sections of small crime, when the
volume or the complexity of the service justifies it.
4-Whenever the procedural volume justifies it can be created in the central instances,
by decree-law, sections of mixed specialist competence.
5-Can be amended, by decree-law, the structure and organization of the courts of
comarch defined in this Law and which import the creation or extinction of sections.
Article 80.
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Realisation of trial hearings or other procedural representations
1-Can be held in any section of the court of comarch audiences of
trial or other procedural representations whose achievement there is to be determined, in the
terms of the law of the case, by the titular judge or by the magistrate of the Public Prosecutor's Office,
heard the parties.
2-The court hearings and representations referred to in the preceding paragraph may still, when
the interest of justice or other ponderous circumstances justifies it, be carried out
in different location, in the respect circumscription or outside of this.
Article 81.
Courts of extended territorial jurisdiction
1-There can be court tribunals of 1 th instance with jurisdiction for more than one
comarch or about areas especially referred to in the law, designated by courts of
extended territorial competence.
2-Courts with competence for more than one comarch or on areas especially
defined in the law are of specialized competence and know of determined subjects,
regardless of the applicable form of process.
3-Are, inter alia, tribunals of extended territorial jurisdiction:
a) The court of intellectual property;
b) The court of competition, regulation and supervision;
c) The maritime court;
d) The court of execution of penalties;
e) The central court of criminal instruction.
4-When the needs of specialization, volume, procedural complexity and nature
of the service the justifying can be created, by decree-law, other courts with
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extended territorial competence.
Article 82.
Table of Judges
1-The framework of judges of the judicial tribunals of 1 th instance is fixed in the decree-law that
establishes the regime applicable to the organization and operation of the judicial courts.
2-The framework of judges referred to in the preceding paragraph shall be set, as a rule, by a
range between a minimum and a maximum of judges.
SECTION II
Organization and operation
Article 83.
Health
1-The court tribunals of 1 th instance function, depending on the cases, as a court
singular, as a collective court or as a jury court.
2-In each court or section carry out duties one or more judges of law.
3-When the law of procedure determines the impediment of the judge, this is replaced in the
terms of the following article.
4-In the cases provided for in the law, they may be part of the courts and sections of the social justice sections,
designated from among persons of recognized idoneity.
5-When the designation or intervention of social judges is not possible, the court is
constituted by the single judge or the collective, as the cases.
6-A The law may provide for the collaboration of qualified technicians when the trial of the
matter of fact depends on special knowledge.
Article 84.
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Replacement of the Judges of Law
1-Judges of law are replaced, in their lines and impediments, by judge or judges
of law of the same comarch, by determination of the president of the court of comarch,
in accordance with the generic guidelines of the Higher Council of Magistrate.
2-In the sections with more than one judge the substitutions occur in your breast.
3-The substitutions of the Judges of Law to exercise duties in the courts of competence
extended territorial occur in your breast and, in case this is not possible, they are replaced
by judge to be designated by the Superior Council of Magistrature.
Article 85.
Exercise of functions
1-In addition to the cases provided for in the law, the Superior Council of Magistrature may, under
proposal of the president of the comarch court, determine that a judge shall exercise duties
in more than one section of the same comarch, respected the principle of specialization of the
magistrates, weighted the needs of the service and the existing procedural volume.
2-The exercise of duties to which you rent the preceding paragraph confers only right to aid of
cost and reimbursement of transport expenses in function of the needs of
displacement under the general law.
3-The magistrates of the Public Prosecutor's Office may perform duties in more than one
section of the same comarch, under the conditions laid down in the preceding paragraphs, by
determination of the Superior Council of the Public Ministry.
Article 86.
Supplementary table of magistrates
1-In the seats of the courts of the Relation courts may be set up scholarships for
detachment in court tribunals of 1 th instance in which the lack or the
impediment of its holders, the vacancy of the place or the number or the complexity of the
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existing processes justifies it.
2-A The scholarship of judges referred to in the preceding paragraph may be unfolded at the level of each
of the comarches.
3-Judges appointed to the scholarships of judges earn, when highlighted, aid from
cost under the general law.
4-The number of judges shall be fixed by porterie of the members of the Government responsible for the
areas of finance and justice, on a proposal from the Higher Council of Magistrate.
5-It is up to the Higher Council of the Magistrature to manage the scholarships referred to in the paragraphs
1 and 2 and regulate your posting.
6-The provisions of the preceding paragraphs shall apply, with due adaptations, to the
magistrates of the Public Prosecutor's Office, competing with the Higher Council of the Ministry
Public, with faculty of delegation, the management of the respective scholarships and regular the
posting of the magistrate respects.
Article 87.
Distribution shifts
The distribution is presided over by judge, to be appointed by the president of the court, who decides the
issues with that related.
SECTION III
Management of the courts of 1 th instance
SUBSECTION I
Goals
Article 88.
Strategic objectives and monitoring
1-The Superior Council of the Magistrature and the Higher Council of the Public Prosecutor's Office, in
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articulation with the member of the Government responsible for the area of justice, establish,
strategic objectives for the performance of the judicial courts of 1. th instance for the
subsequent triennium.
2-The entities referred to in the preceding paragraph articulate, until May 31, the objectives for the
subsequent judicial year for the set of the judicial tribunals of 1 th instance,
pondering the affection means, the suitability between the procedural reference values
established and the results recorded in each court.
3-A The activity of each court is monitored over the course of the judicial year, performing
meetings with quarterly periodicity between representatives of the Superior Council of
Magistrate, the Superior Council of the Public Prosecutor's Office and the competent department of the
Ministry of Justice, for monitoring the evolution of the results recorded in
face of the assumed goals, based, specifically, on the elements
made available by the procedural tramway support information system.
4-Procedural reference values report to calculated productivity values
in the abstract by magistrate and are listed as portaria to be approved, by the member of the Government
responsible for the area of justice, after hearing of the Superior Council of Magistrature and
of the Superior Council of the Public Prosecutor's Office, and to review with triannual periodicity.
5-The indicator referred to in the previous article may be established in a unique way to
all the national territory or take on specifics for the different comarches.
6-It can be established, by decree-law, a system of incentives for the courts
court of 1. th instance that significantly exceed the reference values
established procedural.
Article 89.
Definition of objectives
1-Taking into account the results obtained in the previous year and the strategic objectives
formulated for the subsequent year, the president of the court and the magistrate of the
Ministry Public Prosecutor's Office articulates proposals for the procedural objectives of the
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comarch and of the courts of territorial competence extended, there based, for the year
subsequent.
2-The proposals referred to in the preceding paragraph shall be submitted, until June 30 of
each year, respectively, respectively to the Superior Council of the Magistrature and the Higher Council
of the Public Prosecutor's Office, for approval until August 31.
3-The procedural objectives of the comarch shall report, in particular, to the number of
finite processes and the length of time of the processes, taking into account, among others
factors, the nature of the process or the value of the cause, weighted human resources and
the means affected to the operation of the comarch, by reference to the reference values
established procedural.
4-The procedural objectives of the comarch shall not impose, limit or condition the
decisions to be made in the processes in concrete, either as to the merit of the matter, or
as to the option by the procedural form understood to be more appropriate.
5-The procedural objectives of the comarch are to be reflected in the stated goals
annually to the officers of justice, which are previously unabated, and be
weighted in the respect assessment.
6-The procedural objectives of the comarch shall be weighted in the evaluation criteria
of the magistrates in the molds that come to be defined by the respective Councils.
SUBSECTION II
President of the comarch court
Article 90.
Judge President
1-In every court of comarch there is a president.
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2-The president of the court is appointed, by choice, by the Superior Council of the
Magistrate, in commission of service, for the period of three years, and without prejudice to the
provisions of the following article, from among judges who meet the following requirements:
a) Exercise effective functions as disembarkant judges and possess classification
from Very Good in previous rank of service; or
b) Exercise effective duties as law judges, possess 15 years of service in the
courts and last rank of service of Very Good.
3-A The service commission may not give way to the opening of vacancy and may be ceased to
at any time, upon reasoned deliberation of the Higher Council of the
Judgeship.
Article 91.
Renewal and evaluation
The service commission of the president of the court may be renewed for equal period,
upon favorable evaluation of the Superior Council of Magistrature, pondering the
exercise of the powers of management and the results obtained in the comarch.
Article 92.
Competencies
1-Without prejudice to the autonomy of the Public Prosecutor's Office and the power of delegation, the President
of the court possesses competences of representation and direction, of procedural management,
administrative and functional.
2-The president of the court possesses the following competences of representation and direction:
a) Represent and direct the court;
b) Keep track of the achievement of the goals set for the court services;
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c) To promote the holding of planning and evaluation meetings of the results
of the judicial services of the comarch;
d) Adopt or propose to the competent entities measures, inter alia, of
de-bureaucratization, simplification of procedures, use of the technologies of
information and transparency of the justice system;
e) To comment, whenever it is considered to be held of unionists to the comarch
by the Superior Council of the Magistrature;
f) To comment, whenever it is considered by the Council of the Officers of Justice to
realization of syndications regarding the judicial services and the secretarship;
g) Draw up a half-yearly report on the state of services and the quality of the
response.
3-The president of the court has the following functional competencies:
a) Give possession to the judges and the judicial administrator;
b) Draw up the maps and holiday shifts of the judges and subject them to the approval of the
Top Council of the Magistrature;
c) Exercise disciplinary action over officers of justice in service, relatively
gravity lower than the fine, and, in the remaining cases, order the establishment
of disciplinary process;
d) Appoint a substitute judge, in the event of an impediment of the holder or substitute
designated, in accordance with generic guidelines of the Higher Council of the
Judgeship;
e) Ensure the balanced frequency of training actions by the judges of the court,
in articulation with the Superior Council of Magistrates;
f) Participate in the process of evaluating the officers of justice of the judicial services of the
comarch, under the terms of the applicable specific legislation.
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4-The president of the court has the following procedural managerial skills, which
exercises with compliance with the provisions of Articles 88 and 89:
a) Implement methods of work and measurable goals for each unit
organic, without prejudice to the skills and assignments that, in that matter,
pursuits the Superior Council of the Magistrature, specifically in the fixation of the
indicators of the appropriate procedural volume;
b) Follow up and evaluate the activity of the court, namely the quality of the
justice service provided to citizens, taking by reference the complaints
or the answers to questionnaires of satisfaction;
c) Follow up on the procedural motion of the court, identifying, in particular,
the processes that are pending for time considered excessive or that not
are resolved within a reasonable period of time, informing the Higher Council
of the Magistrature and promoting the measures that are warranted;
d) To promote the implementation of procedural simplification and streamlining measures;
e) Propose to the Superior Council of Magistrate the creation and extinction of other degrees
of specialization in the units of processes, specifically for small ones
causes;
f) To propose to the Superior Council of Magistrate the reaffection of judges, respected the
principle of the specialization of magistrates, the other section of the same comarch or
the affectation of processes, for tramping and decision making, to another judge other than your
holder, with a view to the balance of the procedural load and the efficiency of the services;
g) To propose to the Superior Council of the Magistrate the exercise of functions of judges in
more than one section of the same comarch, respected the principle of specialization
of the magistrates, weighted the needs of the service and the procedural volume
existing;
h) Request the supply of additional response needs, namely
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through the resource to the supplementary tables of judges.
5-A the competence provided for in the preceding paragraph as to the subjects referred to in paragraph d ) no
undermines the provisions of specific legislation as to the adoption of mechanisms of
procedural agilization by the president of the court or the judge.
6-The president of the court has the following administrative powers:
a) Elaborate the annual and multi-annual plans of activities and activity reports;
b) Elaborate the internal regulations of the judicial services of the comarch, heard the
magistrate of the prosecutor's office coordinator and the judicial administrator;
c) Participate in the conception and implementation of the measures of organization and modernization of the
courts;
d) Planning, within the framework of the judicial magistrate, the needs of human resources.
7-The president of the court further exercises the powers delegated to him by the
Top Council of the Magistrature.
8-For follow-up effects of the court's activity, including the elements
relative to the duration of processes and productivity, data are made available
computerized system of the judicial system, in respect of the protection of personal data.
Article 93.
Judicial magistrate coordinator
1-When in total the sections installed in a municipality exercise functions more than five
judges, the president of the court, heard the judges of the comarch, can propose to the Council
Top of the Magistrature the appointment, for the sections in question, of a magistrate
judicial coordinator of among the respected judges, obtained their concordance, which
exercises, in the framework of the set of those sections, the skills that are
delegated, without prejudice to avocation of competence by the president of the court.
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2-The judicial magistrate coordinator exercises the respective competences under guidance of the
president of the court, owing to account of his or her exercise whenever for such
requested by the president of the court.
3-The judicial magistrate coordinator may attend the course referred to in Article 95.
Article 94.
Paid status
1-The president of the court, who is disembarkant, aufers the corresponding salary
to the post of origin.
2-The remunerative status of the president of the court, when it is a judge of law, is
equated with that of the judges placed in the sections of the central instances.
3-The president of the court shall be entitled to expenses of representation, of amount to be fixed
by decree-law.
Article 95.
Training
The exercise of duties of president of the court entails the ongoing approval of
specific training.
Article 96.
Feature
It is up to the Higher Council of Magistrature, to be interested in the 20-day time frame
useful, of the administrative acts practiced by the president of the court.
SUBSECTION III
Magistrate of the prosecutor's office coordinator
Article 97.
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Magistrate of the prosecutor's office coordinator
1-In each comarch there is a magistrate of the coordinating public prosecutor's office that drives
the services of the prosecutor's office.
2-The magistrate of the coordinating public prosecutor's office is appointed by the Superior Council
of the Public Prosecutor's Office, in commission of service for three years, by choice of between
magistrates of the Public Prosecutor's Office meeting the following requirements:
a) Exercise effective roles as adjunct attorney general and possess classification
from Very Good in previous rank of service; or
b) Exercise effective duties as a prosecutor of the Republic, possess 15 years of
service in the courts and last rank of service of Very Good.
3-In the municipalities where the courts of Relation are installed, there may be more than one
magistrate of the Public Prosecutor's Office with directing and coordinating functions in the services
of the prosecutor's office of the comarch.
4-In all the Comarcas can be appointed procuratorates of the Republic with duties
of sectoral coordination, under the law.
Article 98.
Renewal and evaluation
The commission of service of the magistrate of the prosecutor's office coordinator may be
renewed for equal period, upon favourable assessment of the Higher Council of the
Prosecutor's Office, pondering the exercise of the management powers and the results obtained
in the comarch.
Article 99.
Competences of the magistrate of the Coordinating Prosecutor's Office
1-The magistrate of the prosecutor's office coordinator directs and coordinates the activity of the
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Prosecutor's Office in the comarch, issuing orders and instructions, competing with him:
a) Follow up on the procedural movement of services, identifying,
specifically, the processes that are pending for time considered
excessive or which are not resolved within a reasonable period of time, informing,
without prejudice to the gestioness initiatives of administrative, procedural or
functional that adopt, the hierarchical superior respect, in the terms of the law;
b) Keep track of the development of the goals set for the services of the
Prosecutor's Office;
c) To promote the holding of planning and evaluation meetings of the results
of the services of the prosecutor's office of the comarch;
d) Proceed to the distribution of service between the procurators of the Republic and between
attorneys-adjoining, without prejudice to the provisions of the law;
e) Adopt or propose to the competent entities measures, inter alia, of
de-bureaucratization, simplification of procedures, use of the technologies of
information and transparency of the justice system;
f) Propose to the Higher Council of the Public Prosecutor's Office the reaffection of magistrates of the
Prosecutor's Office, respected the principle of the specialization of magistrates, the
another section of the same comarch or the affectation of processes or inquiries, to
tramway, to another magistrate other than his or her holder, with a view to balancing
of the procedural load and the efficiency of the services;
g) To propose to the Higher Council of the Public Prosecutor's Office the exercise of functions of
magistrates in more than one section of the same comarch, respected the principle of
specialization of the magistrates, weighted the needs of the service and the volume
existing procedural;
h) Pronounce every time it is considered to be the achievement of syndications or
inspections of the services to the comarch by the Higher Council of the Ministry of Pudal;
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i) Give possession and draw up the maps and holiday shifts of the magistrates of the Ministry
Public;
j) Exercising disciplinary action over officers of justice in office in the services of the
Prosecutor's Office, regarding the penalty of gravity lower than that of fine, and, in the
remaining cases, order the prosecution of disciplinary proceedings, if the infraction
occur in the respects services;
k) Participate in the process of evaluating the officers of justice in office in the services
of the Public Prosecutor's Office, pursuant to the applicable specific legislation;
l) To comment, whenever it is considered by the Council of the Officers of Justice to
realization of syndications regarding the services of the Public Ministry;
m) Implement methods of work and measurable goals for each unit
organic, without prejudice to the skills and assignments in that matter by the
Top Council of the Public Ministry;
n) Determine the application of procedural simplification and agilization measures;
o) Ensuring the balanced frequency of training actions by the magistrates of the
Prosecutor's Office of the comarch, in articulation with the Higher Council of the
Prosecutor's Office;
p) To draw up the internal regulations of the Public Prosecutor's services, heard the
president of the court and the judicial administrator.
2-The magistrate of the coordinating public prosecutor's office is entitled to expenses of
representation, in accordance with the provisions of Article 94 (3).
Article 100.
Training
The exercise of functions of magistrate of the prosecutor's office coordinator implies the
approval in a specific training course.
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Article 101.
Feature
It is up to the Higher Council of the Public Prosecutor's Office, to be interested in the deadline of 20
working days, of the administrative acts practiced by the magistrate of the Public Prosecutor's Office
coordinator.
SUBSECTION IV
Judicial administrator
Article 102.
Administrator of the comarch court
1-In each comarch there is a judicial administrator.
2-The judicial trustee acts under the generic guidance of the presiding judge of the court,
still that in the exercise of own competences.
3-The judicial administrator is appointed in commission of service for the period of three
years, by the presiding judge of the court, heard the magistrate of the Public Prosecutor's Office
coordinator, chosen from among five candidates, previously selected by the
Ministry of Justice.
4-The rules of recruitment and the conditions of exercise of the office are set out in the decree-
law establishing the regime applicable to the organization and operation of the courts
judicial.
Article 103.
Renewal and evaluation
The service commission of the judicial administrator can be renewed for equal period,
by the presiding judge of the comarch, pondering the exercise of the powers committed and the
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results obtained in the comarch, and obtained the concordance of the competent service of the
Ministry of Justice.
Article 104.
Competencies
1-The judicial administrator has the following competences of his own:
a) Driving the services of the registry office;
b) Authorize the holiday enjoyment of bail-out officers and the rest of the workers and
approve the annual maps annual maps;
c) To temporarily relocate officers of justice within the comarch's respects and in the
legally defined limits, upon duly substantiated decision and
whenever it proves to be unviable the recourse to officers of justice who if
find in the regime of availability;
d) Manage, under the guidance of the presiding judge, the use of the hearing rooms;
e) To ensure the existence of conditions of accessibility to the court's services and the
maintenance of the quality and safety of existing spaces;
f) Regulate the use of parks or private parking spaces of vehicles,
when they have it;
g) Provide, in collaboration with the competent departments of the Ministry of
Justice, for the correct management and use, maintenance and conservation of spaces and
equipment affections to the services of the court;
h) Provide, in collaboration with the competent departments of the Ministry of
Justice, for the conservation of facilities, of common goods and equipment, well
how to take or propose measures for their rational use;
i) Ensuring the distribution of the budget, after the respect of the approval;
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j) Perform, in collaboration with the Ministry of Justice, the budget of the comarch;
k) Disclose annually the statistical data of the comarch.
2-In the exercise of the powers referred to in points b ), c ), g ) and i ) of the previous number, the
judicial administrator listens to the president of the court and the magistrate of the Ministry
Public coordinator.
3-The judicial administrator still exercises the competences delegated to him or
subdelegated by the own organs of the Ministry of Justice or by the presiding judge of the
comarch.
4-For the purposes of the provisions of the preceding paragraph, the own organs of the Ministry of Justice
may allow, through an act of delegation of powers, that the administrator
practice any act of ordinary administration inserted into the competence of those
entities.
5-The judicial administrator may delegate or subdelegate to the Secretaries of Justice as
managerial skills, without loss of avocation.
6-Of the decisions of the judicial administrator handed down in the framework of his / her competences
own appeal to the Superior Council of Magistrature.
Article 105.
Training
The exercise of functions of judicial administrator implies the ongoing approval of
specific training.
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SUBSECTION V
Board of Management
Article 106.
Composition and competence
1-Integrate the management board of the comarch the presiding judge of the court, which presides over, the
magistrate of the prosecutor's office coordinator and the judicial administrator.
2-In such a way as to ensure full articulation between the governing bodies, as well as the
fulfillment of the goals set for the comarch, are subject to deliberation the
following subjects:
a) Approval of the semiannual report referred to in para. g ) of Article 92 (2) on
the state of the services and the quality of the response, which is remitted to
knowledge to the Superior Council of the Magistrature, to the Higher Council of the
Prosecutor's Office and the Ministry of Justice;
b) Approval of the draft budget for the comarch, to submit final approval
of the Ministry of Justice, on the basis of the appropriation by this previously established;
c) Promotion of budgetary changes;
d) The planning and evaluation of the results of the comarch;
e) Approval of the changes to the conformation initially set for occupation
of the places of bail-out officer, effected according to the planning when
the needs of the service justifies it or occurs vacancy of the place, which
shall be communicated to the Ministry of Justice prior to the start of the term of
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submission of applications to the annual movement;
f) Approval, at the end of each judicial year, of management reporting that contains
information concerning the degree of fulfillment of the established objectives,
indicating the causes of the main deviations, which is communicated to the Councils
Superiors and the Ministry of Justice.
3-The management board has the competence to monitor the budget implementation in
compliance with that provided for in ( j ) of Article 104 (1).
4-The changes provided for in the c ) of paragraph 2 are framed in generic guidelines
fixed annually by the Ministry of Justice.
5-The report referred to in point f ) of paragraph 2 is advertised on the electronic pages of the
Top Councils and the Ministry of Justice.
6-May be invited to meet with the management board the members of the board
advisory as referred to in paragraph 2 of the following article.
SECTION IV
Advisory board
Article 107.
Composition and operation
1-In each comarch there is a council with advisory functions.
2-The advisory board has the following composition:
a) The president of the court, who presides;
b) The magistrate of the prosecutor's office coordinator;
c) The judicial administrator;
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d) A representative of the judges of the comarch;
e) A representative of the magistrates of the prosecutor's office of the comarch;
f) A representative of the officers of justice in exercise of duties in the comarch, elected
by their peers;
g) A representative of the Order of Lawyers, with office in the comarch;
h) A representative of the House of Solicitors, with office in the comarch;
i) Two representatives of the municipalities integrated into the comarch;
j) Representatives of the users of the services of justice, co-opted by the rest
members of the board, at the maximum of three.
3-The advisory board meets ordinarily once a quarter and
extraordinarily whenever summoned by the president of the court, by his
initiative or upon request by a third of its members.
4-May participate still in the meetings of the advisory council, without a vote, by
convocation of the respected President, any persons or entities whose presence is
deemed necessary for clarification of the subjects under consideration.
5-The exercise of the posts of the advisory board is not remunerated, and there is
payment of cost aid, when requested, to the representatives referred to in the
points d ) a h ) of paragraph 2, provided that the meetings of the advisory board entail
jourvals between municipalities.
Article 108.
Competencies
1-Compete to the advisory board to give advice on:
a) The annual and multi-year plans of activities and activity reports;
b) The internal regulations of the court of comarch and the respects sections.
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2-Compete still to the advisory board to pronounce on the following subjects:
a) Evolution of the court's response to the requests and expectations of the community;
b) Existence and maintenance of conditions of accessibility and quality of spaces and
services of the court;
c) Use, maintenance and conservation of affective equipment to the respects
services;
d) Other matters referred to it by the president of the court.
e) Giving advice on administrative and organisational issues and operation of the
comprised of the competence of the presiding judge;
f) Study and propose to the president of the court the resolution of service problems
raised by the representatives of the judicial professions or presented by
any of its members;
g) Receive and study complaints or complaints from the public about the organization and
operation in general of the court of comarch or of some of its services,
as well as on the functioning of the access regime to the right and present to the
president of the court, to the magistrate coordinator of the prosecutor's office, to the
director-general of the Administration of Justice and the representative of the Order of the
Lawyers suggestions or proposals aimed at overcoming deficiencies and fostering
their outreach;
h) Give opinion on the human resources needs of the court and the
Prosecutor's Office and on the budget, proposing, if any, the
necessary alterations, from him giving knowledge to the Superior Council of
Magistrate, to the Higher Council of the Public Prosecutor's Office, to the Ministry of Justice
and to the Order of Lawyers.
SECTION V
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Courts of extended territorial jurisdiction
SUBSECTION I
Court of intellectual property
Article 109.
Competence
1-Compete to the court of intellectual property know of the questions concerning:
a) Actions in which the cause of asking for verse on copyright and related rights;
b) Stocks in which the cause of asking for verse about industrial property, in any
the modalities provided for in the law;
c) Shares of nullity and cancellation provided for in the Industrial Property Code;
d) Appeals for decisions of the National Institute of Industrial Property that
grant or refuse any industrial property right or are
relating to transmissions, licences, expiry statements or to any other
acts that affect, modify or extinction industrial property rights;
e) Appeal and review of decisions or of any other measures legally
susceptible of impugation taken by the National Property Institute
Industrial, in the process of counterordinance;
f) Statement actions where the cause of asking for verse about domain names in the
Internet;
g) Resources of the decisions of the Foundation for National Scientific Computing,
as a competent entity for the registration of domain names de.PT, which
register, refuse to register or remove a domain name de.PT;
h) Actions in which the cause of asking for verse about firings or social denominations;
i) Resources of the decisions of the Office of the Registered and Notariat concerning the
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admissibility of firms and denominations within the framework of the legal regime of the
National Register of Collective People;
j) Actions in which the cause of asking for verse about the practice of acts of unfair competition
in matters of industrial property;
k) Measures to obtain and preserve proof and provision of information
when required in the framework of the protection of intellectual property rights and
rights of author.
2-A the jurisdiction referred to in the preceding paragraph covers the respective incidents and
apensos, as well as the execution of decisions.
SUBSECTION II
Court of competition, regulation and supervision
Article 110.
Competence
1-Compete to the court of competition, regulation and supervision know of the issues
concerning the appeal, review and implementation of the decisions, dispatches and too much measures in
legally susceptible counterordinance process of impugning:
a) From the Competition Authority (AdC);
b) From the National Communications Authority (ICP-ANACOM);
c) From the Bank of Portugal (BP);
d) From the Securities Market Commission (CMVM);
e) Of The Regulator for Social Communication (ERC);
f) From the Insurance Institute of Portugal (ISP);
g) From the remaining independent administrative entities with regulation functions and
supervision.
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2-Compete still to the court of competition, regulation and supervision know of the
issues concerning resource, review and execution:
a) From the decisions of the Competition Authority handed down in procedures
administrative referred to the legal regime of the competition, as well as of the
ministerial decision provided for in Article 34 of the Decree-Law No. 10/2003, 18 of
January;
b) From the remaining decisions of the Competition Authority admitting appeal, in the
terms provided for in the legal regime of the competition.
3-The skills referred to in the preceding paragraphs cover the respective incidents and
apensos, as well as the execution of decisions.
SUBSECTION III
Maritime court
Article 111.
Competence
1-Compete to the maritime court to know about the questions concerning:
a) Compensation due for damage caused or suffered by ships, vessels
and other floating ingenders, or resulting from their maritime use, in the
general terms of law;
b) Contracts for construction, repair, purchase and sale of ships, vessels and
other floating engineers, provided that it is intended for maritime use;
c) Transport contracts by sea or contract of combined transport or
multimodal;
d) Transport contracts by waterway or by canals, on the limits of the framework i
annex to the General Regulation of Capitanies;
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e) Contracts for maritime use of ships, vessels and other ingeners
floats, specifically those for charter and financial leasing;
f) Insurance contracts for ships, vessels and other floating ingeners
intended for maritime use and its loads;
g) Mortgages and privileges on ships and vessels, as well as any
real guarantees about floating ingeners and their loads;
h) Special processes relating to vessels, vessels, other floating ingeners and
your loads;
i) Cautionary procedures on ships, vessels and other floating ingeners,
respects cargo and stands and other values pertinent to ships, vessels and
other floating engineers as well as preliminary solicitation to the captaincy for
suss out the way out of things that constitute the object of such procedures;
j) Common avairies or private avairies, including those concerning others
floorings intended for maritime use;
k) Maritime assistance and salvation;
l) Towing contracts and piloting contracts;
m) Removal of debris;
n) Emerging civil liability of pollution from the sea and other waters under its
jurisdiction;
o) Use, loss, find or appropriation of apparatus or gear or of
catching shellfish, molluscs and marine plants, irons, rushes, weapons, provisions
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and more objects intended for navigation or fishing, as well as damage produced
or suffered by the same material;
p) Damage caused in the goods of the maritime public domain;
q) Ownership and possession of rice paddies and of things arising from or resulting from the waters
of the sea or existing remains, which lay in the soil or subsoil respects or which
provenham or exist in the inland waters, if you run for maritime interest;
r) Prey;
s) All matters in general about matters of maritime commercial law;
t) Resources of the decisions of the port captain rendered in the process of
maritime counterordinance.
2-A the jurisdiction referred to in the preceding paragraph covers the respective incidents and
apensos, as well as the execution of decisions.
3-In constituencies not covered by the area of territorial jurisdiction of the court
maritime, the skills referred to in the previous figures are assigned to the respective
court of comarch.
SUBSECTION IV
Court of execution of penalties
Article 112.
Competence
1-After the traffic on trial of the sentence that determined the application of penalty or measure
deprivative liberty, it is incumbent on the court of execution of the penalties to accompany and
to scrutinize the enforcement and decide on its modification, replacement and extinction, without
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prejudice to the provisions of Article 371 of the Code of Criminal Procedure.
2-Compete still to the court of execution of the penalties to accompany and scrutinise the execution of the
prison and preventive internment, and the respective decisions must be communicated
to the court to the order of which the accused complies with the coating measure.
3-Without prejudice to other legal provisions, it is incumbent upon the court of execution of the penalties,
on the grounds of the matter:
a) Homologation of individual retrofit plans, as well as therapeutic plans
and rehabilitation of unputable and attributable carrier of psychic anomaly
internship in establishment intended for the inimitable, and the respects changes;
b) Grant and revoke jurisdictional exit licences;
c) Grant and revoke parole, the adaptation to probation and the
freedom for proof;
d) Homologation of the decision of the Director General of Reinsertion and Prisonal Services of
allotment of the reclusive in open regime abroad, before the implementation is complied with;
e) Determine the execution of the expulsion incidental penalty, declaring extinction the penalty of
arrest, and determine the early execution of the expulsion incidental penalty;
f) Convene the technical council whenever you understand it necessary or when the law o
predict;
g) Decide processes of challenging decisions of prison services;
h) Define the target to give to the retained correspondence;
i) Declare lost and give fate to the objects or values apprehended to inmates;
j) Decide on the modification of the execution of the prison sentence, as well as of the
replacement or revocation of respect modalities, concerning inmates
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carriers of serious, evolutionary and irreversible disease or severe disability and
permanent or of advanced age;
k) Order the fulfillment of the prison on continuous regime in the event of a failure of
entry into the prison establishment not considered justified by the
doomed in prison for free days or in a regime of semidetenment;
l) Review and extend the security measure of internment of the inimitable;
m) Deciding on the provision of work in favour of the community and on its
repeal, in cases of successive execution of safety and penalty measure
deprivation of liberty;
n) Determine the internment or suspension of the execution of the prison sentence in
virtue of psychic anomaly overcoming to the agent during the execution of the penalty of
arrest and carry out its review;
o) Determine the fulfillment of the rest of the penalty or the continuation of the internment
at the same time, in the case of revocation of the provision of work in favour of the
community or of the probation of individual subject to successive execution
of a measure of security and custodial sentence of liberty;
p) Declare the expiry of the amendments to the normal penalty execution regime, in
case of simulation of psychic abnormality;
q) Declare abiding by the effective prison sentence that concretely would fit the crime
committed by convict in a relatively undetermined penalty, having been
refused or revoked the probation;
r) Declare extinct the effective prison sentence, the relatively undetermined penalty and the
measure of internment safety;
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s) Issue arrest, capture and release warrants;
t) To inform the offending of the release or evasion of the reclusive, in the cases provided for in the
articles 23 and 97 of the Code of the Enforcement of the Penas and Privative Measures of the
Freedom;
u) Instruct the process of granting and revocation of the pardon and proceeding to the respectful
application;
v) Uttering the declaration of contumacy and enacting the arrest of goods, as to
doomed that dolly if it has eximed, wholly or partially, to the execution
of a prison sentence or an internship measure;
w) Decide on the provisional cancellation of facts or decisions entered in the
criminal record;
x) Judging the appeal on the legality of the transcript in the certificates of the Registry
criminal.
Article 113.
Extent of competence
It is also incumbent on the court of execution of the penalties to guarantee the rights of the inmates,
pronouncing on the legality of the decisions of prison services in the cases and terms
provided for in the law.
SUBSECTION V
Central court of criminal instruction
Article 114.
Competence
The central court of criminal instruction has jurisdiction set out in the terms of paragraph 1 of the
article 118.
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SECTION VI
Central instance
SUBSECTION I
Cable sections
Article 115.
Competence
1-Compete to the cable section of the central instance:
a) The preparation and trial of the declarative actions common process of
value greater than € 50000;
b) Exercise, in the framework of the executival actions of a value of higher value than
€ 50000, the powers provided for in the Code of Civil Procedure, in
circumscriptions not covered by the competence of another section or tribunal;
c) Prepare and judge the cautionary procedures to which they correspond with actions of your
competence;
d) Exercising the remaining powers conferred by law.
2-In the comarches where there is no trade section, the provisions of the preceding paragraph shall be
extensive to the actions that fall to those sections.
3-Are remitted to the civil section of the central instance pending proceedings in the sections of the
local instance where to check for change of the susceptible value of determining its
competence.
SUBSECTION II
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Criminal sections
Article 116.
Competence
1-Compete to the criminal sections of the central instance to provide dispatching pursuant to the
articles 311 to 313 of the Code of Criminal Procedure and proceed to judgment and to the
subsequent terms in the criminal nature proceedings of the jurisdiction of the court
collective or the jury.
2-The criminal sections of the central instance of the comarks of Lisbon and Porto, have
competence for the trial of strictly military crimes, pursuant to the Code
of Military Justice.
SUBSECTION III
Sections of criminal instruction
Article 117.
Competence
1-Compete to the sections of criminal instruction proceed to criminal instruction, decide how much
to the pronunciation and to exercise the jurisdictional functions concerning the inquiry, save in the situations
provided for in the Act, where the jurisdictional functions concerning the investigation may be
exerted by the generic competency sections of the local instance.
2-When the interest or urgency of the investigation justifies it, the judges in exercise of
functions of criminal instruction can intervene, in processes that are affecting them,
out of your territorial area of competence.
Article 118.
Special cases of competence
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1-A the jurisdiction referred to in paragraph 1 of the preceding Article, as to the crimes set out
in Article 47 (1) of the Law No 60/98 of August 27, it is up to a central court of
criminal instruction when criminal activity occurs in comarks belonging to
different courts of Relation.
2-A the jurisdiction of the criminal instruction sections of the seat of the courts of the Relation
it covers the area's area of competence with respect to the crimes referred to in the
previous number when criminal activity occurs in different comarches within
of the area of competence of the same court of Relation.
3-In the comarches in which the procedural movement justifies it and is created
departments of research and criminal action (DIAP), are also created sections of
criminal instruction with circumscribed competence to the area covered.
4-A jurisdiction referred to in paragraph 1 of the previous article, as to the crimes strictly
military, it is up to the organic units of military criminal instruction of the sections of
criminal instruction from Lisbon and Porto, with jurisdiction in the areas indicated in the Code
of Military Justice.
5-The provisions of the preceding paragraphs shall be without prejudice to the jurisdiction of the investigating judge of the
area where the jurisdictional, urgent acts relating to the investigation, should be
realized.
Article 119.
Judges of criminal instruction
1-In the comarches in which there is no criminal instruction section, may the Superior Council
of the Magistrature, whenever the procedural motion justifies it, determine the affectation
of judges of law, in regime of exclusivity, to criminal instruction.
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2-The provisions of the preceding paragraph shall apply to those of the Comarcas in which you are not based
the criminal instruction section and integrate into the area of jurisdiction area.
3-While keeping up with the affectation referred to in the preceding paragraphs, the frame of
magistrates consider themselves to be increased from the number of corresponding units.
4-For support of the judges affections in regime of exclusivity to criminal instruction are
outstanding officers of justice.
SUBSECTION IV
Sections of family and minors
Article 120.
Competence concerning the marital status of persons and family
It is incumbent on the sections of family and minors to prepare and judge:
a) Proceedings of voluntary jurisdiction relating to spouses;
b) Proceedings of voluntary jurisdiction relating to situations of de facto union or
common economy;
c) Shares of separation of persons and goods and of divorce;
d) Inventories required following actions of separation of persons and goods and of
divorce, as well as the cautionary procedures with those related;
e) Actions of declaration of non-existence or cancellation of civil marriage;
f) Actions intended on the basis of Article 1647 and Article 1648 (2) of the Code
Civil;
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g) Actions and executions by food between spouses and between ex-spouses;
h) Other actions concerning the marital status of people and family.
Article 121.
Competence concerning minors and larger children
1-Compete equally to the sections of family and minors:
a) To establish guardian and the administration of goods;
b) Appoint person that there is to celebrate business in the name of the minor and, well so,
appoint curator-general who represents extrajudicially the smallest subject to
parental responsibilities;
c) Constitute the bond of adoption;
d) Regulate the exercise of parental responsibilities and get to know the issues in this
relating;
e) Fix the food due to minors and the larger or emancipated children to which if
it refers to Article 1880 of the Civil Code and prepares and judging executions by
food;
f) Order the judicial trust of minors;
g) Constitute the relationship of civil apadrination and enact its revocation;
h) Authorize the legal representative of the minors to practise certain acts, confirm the
that have been practiced without authorization and provide about the acceptance of
liberalities;
i) Decide about the surety that parents should provide in favour of the minor children;
j) Enact the inhibition, total or partial, and establish limitations to the exercise of
parental responsibilities, provided for in Article 1920 of the Civil Code;
k) Proceed to the officiating fact-finding of maternity, paternity or for
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impugation of presumed paternity;
l) Preparing and judging the actions of research and impugation of motherhood and
parenthood;
m) Decide, in case of parental disagreement, on the name and nicknames of the minor.
2-Compete still to the family and minor sections:
a) With tutelage or administration of goods, determine the remuneration of the tutor or
of the administrator, know of the escussion, exoneration or removal of the tutor, of the
administrator or the vogal of the family council, demand and judge the accounts,
authorize the replacement of the legal mortgage and determine the reinforcement and replacement
of the surety provided and appoint special curator representing the minor
extrajudicially;
b) Appoint special curator representing the minor in any tutelary process;
c) Convert, revoke, and review adoption, require and judge the adopter's accounts and fix the
amount of income for food from the adoptee;
d) Decide about the reinforcement and replacement of the collateral provided in favour of the children
minors;
e) Require and judge the accounts that parents should provide;
f) Know of any other incidents in the processes referred to in the number
previous.
3-In cases where the law reserves the competence referred to in the preceding paragraphs to others
entities, the competence of the sections of family and minors respects the reappraisal of the
decisions of these entities.
4-A The practice of urgent acts is ensured by the generic competency sections of
local instance, even though the comarch respects will be served by family section and
minors, in cases where this one finds itself based in different municipality.
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Article 122.
Competencies in educational and protection tutelary
1-Compete to the sections of family and minors:
a) Prepare, appreciate and decide the processes of promotion and protection;
b) Apply promotion and protection measures and follow up on enforcement
when required, whenever a child or young person finds themselves in a situation
of danger and is not the case for intervention by the protection commission.
2-Compete also to the family and minor sections:
a) The practice of the jurisdictional acts concerning the educational tutelar survey;
b) The assessment of facts qualified by law as a crime, practiced by minor
with age understood between 12 and 16, with a view to the application of
tutelar measure;
c) The implementation and review of the tutelary measures;
d) Declare the cessation or extinction of the tutelary measures;
e) Know of the appeal of decisions that apply disciplinary measures to minors
who has been applied for an internship measure.
3-Care the competence of the family sections and minors when:
a) Is applied for effective imprisonment, in criminal proceedings, for the crime practiced by the
minor aged between 16 and 18 years;
b) The minor to complete 18 years prior to the date of the decision in 1 th instance.
4-In cases provided for in the preceding paragraph the process is not initiated or, if it has been, it is
filed.
5-Out of the areas covered by the jurisdiction of the family sections and minors, it is up to the
sections of criminal specialist competence know of the tutelary processes
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educational and to the sections of specialized competence able to know of the processes of
promotion and protection.
6-A The practice of urgent acts is ensured by the generic competency sections of the
local instance, even though the comarch respects will be served by family section and
minors, in cases where this one finds itself based in different municipality.
Article 123.
Constitution
1-A section of family and minors works, as a rule, with one judge.
2-In proceedings where the application of an internship measure is provided, a measure of
promotion or protection without there being any agreement, the trial belongs to a court
constituted by the judge, who presides, and by two social judges.
SUBSECTION V
Sections of the work
Article 124.
Cable competence
It is incumbent upon the sections of the work to know, in civil matters:
a) Of the questions concerning the cancellation and interpretation of the instruments of
collective regulation of work that does not review administrative nature;
b) From the emerging issues of subordinate working relationships and relations
established with a view to the conclusion of contracts of employment;
c) From the emerging issues of accidents at work and occupational diseases;
d) From the issues of nursing or hospital, supply of medicines
emerging from the provision of clinical services, prosthesis apparatus and orthopaedics
or of any other services or benefits effected or paid for the benefit of
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victims of accidents at work or occupational diseases;
e) Of the actions aimed at nullifying the acts and contracts concluded by any
responsible entities with a view to eximing themselves to the fulfilment of obligations
resulting from the application of trade union legislation or work;
f) From the emerging issues of contracts equated by law to labour;
g) From the emerging issues of apprenticeship and tyrocyric contracts;
h) From the issues between employees to the service of the same entity, regarding
rights and obligations that result from acts practiced in common in the execution of the
their working relationships or that result from the illicit act practiced by one of them in the
execution of the service and on the grounds of this, the jurisdiction of the courts
criminal charges as to the related civil liability with the criminal;
i) From the issues between welfare institutions or family allowance and their
beneficiaries, when they respect the rights, powers or legal obligations,
regulatory or statutory requirements of one or other, without prejudice to the competence
own of the administrative and tax courts;
j) From the issues between trade union associations and partners or persons by them represented,
or affected by decisions of their own, when they respect rights, powers or obligations
legal, regulatory or statutory from ones or others;
k) Of the processes aimed at the settlement and sharing of goods from institutions of
foresight or trade union associations, when there is no legal provision in
contrary;
l) Of the issues between welfare institutions or between trade union associations, the
respect of the existence, extent or quality of powers or legal duties,
regulatory or statutory ones of one of them that affects the other;
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m) Of the executions founded in their decisions or in other executive titles,
re-salvaged the competence assigned to other courts;
n) Of the issues between subjects of a working legal relationship or between a
of these subjects and third parties, when emerging from related relations to the relationship
of work, by accessoriousness, complementarity or dependence, and the request if
cumule with another for which the judgement is directly competent;
o) From the reconventional issues that with the action have the connection relations
referred to in the preceding paragraph, save in the case of compensation, where it is waived
connection;
p) Of the cible issues concerning the strike;
q) Of the issues between employee commissions and the committees ' respective committees
coordinators, the company or employees of this;
r) Of all matters relating to the monitoring of the legality of the constitution, the statutes
and respect for changes, of the functioning and extinction of trade union associations,
employers 'associations and workers' commissions;
s) Of the remaining issues that by law are assigned to them.
Article 125.
Competence in counterordinational matter
It is incumbent upon sections of the work to judge the resources of the authorities ' decisions
administrative in processes of counterordinance in the labour and security fields
social.
Article 126.
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Constitution of the collective court
1-In the causes referred to in points a ), b ), and ), f ), g ) and q ) of Article 124 in which it should intervene the
collective, the court is constituted by the collective and by two social judges.
2-In the causes referred to in paragraph f ) of Article 124, one of the social judges shall be appointed
in the quality of independent worker and another in the quality of worker
salaried
3-In the remaining causes referred to in paragraph 1, one of the social judges shall be recruited from among
employers and another from among salaried employees.
SUBSECTION VI
Sections of trade
Article 127.
Competence
1-Compete to the trade sections prepare and judge:
a) The insolvency proceedings and the special processes of revitalization;
b) The actions of the declaration of non-existance, nullity and cancellation of the contract of
society;
c) The actions relating to the exercise of social rights;
d) The actions of suspension and cancellation of social deliberations;
e) The actions of judicial settlement of companies;
f) Shares of dissolution of European public limited company;
g) Disbanding shares of holding companies of social shareholdings;
h) The actions referred to in the Code of Commercial Registration.
2-Compete still to the trade sections judge the impugments of the dispatches of the
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conservatives of the commercial register, as well as the impugations of the decisions rendered
by the Conservatives in the framework of the administrative procedures of dissolution and of
settlement of commercial companies.
3-A The jurisdiction referred to in paragraph 1 covers the incidences of incidents and apensos, well
how the execution of decisions.
SUBSECTION VII
Sections of implementation
Article 128.
Competence
1-Compete to the implementing sections to exercise, in the context of the processes of implementation of
cable nature, the competences provided for in the Code of Civil Procedure.
2-Are excluded from the previous number the cases assigned to the court of ownership
intellectual, to the court of competition, regulation and supervision, to the maritime court, to the
sections of family and minors, the sections of the work, the sections of trade, and the
executions of sentences handed down by criminal section that, pursuant to the procedural law
penal, they should not run before a cable section.
3-For the execution of the decisions rendered by the cable section of the central instance is
competent the enforcement section that would be competent if the cause was not from the
competence of that section of the central instance on the grounds of value.
SECTION VII
Local instance
Article 129.
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Competence
1-Compete to the sections of generic competence:
a) Preparing and judging the processes relating to causes not assigned to another section of the
central instance or tribunal of extended territorial jurisdiction;
b) Proceed to criminal instruction, decide on the pronunciation and exercise the duties
Jurisdictional relating to the investigation, where there is no criminal instruction section
or judge of criminal instruction;
c) Outside of the municipalities where the show is installed sections of criminal instruction,
exercise the jurisdictional functions relating to criminal investigations, albeit the
respects territorial area if it shows covered by that specialized section;
d) Exercise, in the context of the implementation process, the powers provided for in the
Code of Civil Procedure, where there is no enforcement section or other section
of competent specialist competence;
e) Judging the resources of the decisions of the administrative authorities in processes of
counterordinance, save the resources expressly assigned to the court of
intellectual property in Art. 109, and the court of competition, regulation and
supervision in Article 110, and save the provisions of Articles 111, 125, and 127,
when covered by the respective sections of specialized competence of
central instance;
f) Comply with the warrants, letters, crafts and communications that are directed to them by the
courts or competent authorities;
g) Exercising the remaining powers conferred by law.
2-Generic competence sections can be unfolded in cable sections and in
criminal sections.
3-Criminal matter sections may still unfold in sections of small
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crime, with the following competence:
a) Causes to correspond to the form of summary process, abbreviated and summarized;
b) Resources of the decisions of the administrative authorities in process of
counterordinance referred to in point (a) and ) of paragraph 1, when the value of the fine
applicable to be equal to or less than € 15000, regardless of the ancillary sanction.
4-Incumbent on the proximity sections:
a) Providing information of a general character;
b) Providing information of a procedural character, within the framework of the comarch's respect, in
reason of the special interest in the acts or processes, as long as observed
limitations provided for in the Act for the publicity of the process and secrecy of justice;
c) Proceed to the reception of papers, documents and joints intended for proceedings
that they run or have ran terms in any section of the comarch in which if
inthem;
d) Operationalize and follow up on hearing representations through
videoconference;
e) Practise the acts that come to be determined by the governing bodies, including the
support for the holding of trial hearings;
f) Welcoming trial hearings or other procedural representations whose
realization there is determined.
SECTION VIII
Execution by fines, costs and compensation
Article 130.
Execution by fines, costs and compensation
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The courts of extended territorial jurisdiction, the sections of the central instance and the sections
of generic competency of the local instance are still competent to execute the decisions
per se rendered relating to costs, fines or indemniations provided for in the procedural law
applicable.
SECTION IX
Singular court, collective and jury
SUBSECTION I
Natural court
Article 131.
Composition and competence
1-The singular court is composed of a judge.
2-Compete to the natural court to judge the proceedings that should not be adjudicated by the
collective court or the jury.
SUBSECTION II
Collective court
Article 132.
Composition
1-The collective court is composed, as a rule, by three privative judges.
2-When justifying, the Superior Council of the Magistrature, heard the President of the
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court of comarch, designates the necessary judges to the constitution of the collective court,
owing the designation to fall in private judge of the same comarch, save manifold
impossibility.
3-The cadres of the criminal sections of the central instance of Lisbon and Porto predict a
military judge by each branch of the Armed Forces and one from GNR, which they intervene in the
terms of the provisions of the Military Code of Justice.
Article 133.
Competence
It is incumbent on the collective court to judge:
a) In criminal matters, the processes referred to in Article 14 of the Code of
Criminal Procedure;
b) The issues of fact and law in the actions and the incidents and executions that follow
the terms of the declaration process, whenever the law of the process determines it.
Article 134.
President of the collective court
1-The collective court is presided over by the judge of the proceedings.
2-Compete to the president of the collective court:
a) Addressing the discussion and trial hearings;
b) To draw up the judgments in the criminal trials;
c) Profer the final sentence in the cable actions;
d) To supply the shortcomings of the sentences and judgments referred to in the previous paragraphs,
to clarify them, to reform them and to sustain them under the terms of the laws of procedure;
e) Organizing the program of the sessions of the collective court;
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f) Exercise the remaining functions assigned by law.
SUBSECTION III
Court of the jury
Article 135.
Composition
1-The court of the jury shall be constituted by the president of the collective court, who presides, by the
remaining judges and by jurors.
2-A The law regulates the number, recruitment and selection of the jurors.
Article 136.
Competence
1-Compete to the court of the jury to judge the proceedings referred to in Article 13 of the Code
of Criminal Procedure, save if they have the object of terrorism offences or refer to
highly organized crime.
2-A The jury's intervention in the trial is defined by the law of process.
SECTION X
Secretaries of the courts of 1 th instance
SUBSECTION I
General provisions
Article 137.
Secretaries
1-In each comarch there is a single secretory that ensures the expedient of the respects
sections and courts of extended territorial jurisdiction and has access to the system
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informatics of the comarch.
2-A The composition, organization and operation of the secretaries are set out in the decree-law
that establishes the regime applicable to the organization and operation of the judicial courts.
Article 138.
Maps of personnel
1-A The initial conformation of the staff maps of the secretaries is fixed by portaria of the
members of the Government responsible for the areas of finance and justice.
2-Changes to the initial definition of personnel maps can be made at the initiative of the
director-general of the Administration of Justice or by reasoned proposal of the respect
management board.
Article 139.
Use of informatics
1-A informatics is used for the processing of data relating to the management of courts
judicial, procedural stepping stone and file.
2-A The proceedings of the proceedings are electronically effected in terms defined by
would pore from the member of the Government responsible for the area of justice, owing
procedural provisions relating to acts of the magistrates and the secretaries being the object of the
practical adaptations that prove necessary.
3-A The porterie referred to in the preceding paragraph regulates, in particular:
a) The submission of procedural parts and documents;
b) The distribution of processes;
c) The practice, necessarily by electrolytic means, of the procedural acts of the
magistrates and officers of justice;
d) The acts, parts, autos and the terms of the process that cannot appear in the process
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on physical support.
SUBSECTION II
Registration and file
Article 140.
Registration of procedural parts and processes
1-The procedural parts and the processes presented in the secretaries are recorded in the
terms set out in the law.
2-After registered, the supports in the role of procedural parts and processes only
you may leave the office in the cases expressly provided for in the law and by the
formalities by it established, charging for receipt and averaging the exit at
electro support.
3-It is privileged the use of electronic means for transmission and processing of documents
judicial, and for their disclosure, in the terms of the law, to the citizens.
Article 141.
File
1-Considerate finishes for file effects:
a) The civil proceedings, decorated three months after the traffic on trial of the decision
final;
b) The criminal proceedings, decorated three months after the traffic on trial of the decision
absolute or other final non-sentencing decision, of the extinction of the penalty or of the
security measure;
c) The processes in which the instance interruption occurs;
d) The enquiry processes, decorated three months after archiving dispatch;
e) The remaining processes in charge of the Public Prosecutor's Office, as soon as it has filled its end.
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2-The proceedings, books and papers enter the court file after the supervision of the
Prosecutor's Office and the brokerage, depending on the cases, of the judge or the magistrate of the
Prosecutor's Office, without prejudice to the cases in which the filing is secured
automatically by the computer system, with no need for judicial intervention or
of the secretarship.
Article 142.
Conservation and disposal of documents
The regime for the conservation and disposal of documents on file is defined by portaria
of the members of the Government responsible for the areas of justice and culture.
Title VI
Administrative and tax courts
Article 143.
Definition
1-The administrative and tax courts compete for the trial of emerging disputes of
administrative and tax legal relations.
2-A structure, competence, organisation and operation of the courts
administrative and tax are defined in a diploma of their own.
Article 144.
Categories of administrative and tax courts
1-There are the following administrative and tax courts:
a) The Supreme Administrative Court;
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b) The administrative central courts;
c) The administrative courts of circle;
d) The tax courts.
2-When working aggregates, the administrative courts of circle and the courts
tributaries assume the unitary designation of administrative and tax courts.
Article 145.
Supreme Administrative Court
The Supreme Administrative Court is the top body of the hierarchy of the courts of the
administrative and tax jurisdiction, has registered office in Lisbon and jurisdiction throughout the territory
national.
Article 146.
Administrative central courts
1-Are administrative central courts the Central Administrative Court South, with registered office
in Lisbon, and the Central Administrative Court North, based in Porto.
2-The areas of jurisdiction of the administrative central courts are determined by
Decree-law.
3-Administrative central courts know matter of fact and law.
4-Administrative central courts are declared installed by member porterie
of the Government responsible for the area of justice that sets the tables.
Article 147.
Administrative courts of circle and tax courts
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1-A seat of the administrative courts of circle and of the tax courts and the respects
areas of jurisdiction are determined by decree-law.
2-The number of judges in each administrative court of circle and in each court
tributary is fixed by portaria of the member of the Government responsible for the area of justice.
3-Circle administrative courts and tax courts are declared
installed by portaria of the member of the Government responsible for the area of justice.
Title VII
Court of Auditors
Article 148.
Definition
1-The Court of Auditors is the supreme watchdog of the legality and regularity of the
revenue and public expenditure and the judgment of the accounts that the law sends-
it, appreciates the good financial management and effective responsibilities for financial infractions,
compete with you, namely:
a) Giving advice on the General Account of the State, including that of social security, 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 remaining skills assigned to it by law.
2-The Court of Auditors shall have jurisdiction and powers of financial control within the framework of
Portuguese legal order, both on the national and foreign territory.
3-Whenever there is a conflict of jurisdiction between the Court of Auditors and the Supreme Court
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Administrative Court, competes with the Court of Conflict, chaired by the President
of the Supreme Court of Justice and made up of two judges from each of the courts,
drive the respected conflict.
4-The scope of the jurisdiction, composition, organization and operation of the Court of
Accounts are determined in the terms of the Constitution and the law.
Title VIII
Arbitral courts
Article 149.
Arbitral courts
1-Saved in the cases expressly provided for by law, the submission of any dispute to the
assessment of an arbitral tribunal depends on the express and unambiguous will of the parties.
2-A The competence, organization and operation of the arbitral tribunals are defined
in own diploma.
Title IX
Judgements of peace
Article 150.
Judgements of peace
1-The judgements of peace constitute an alternative form of dispute resolution, of
uniquely cable nature, in causes of reduced value and in causes that do not
involve family law matters, the right of the inheritance and the right of the work.
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2-Peace judgements are created by diploma of the Government, ears the Higher Council
of the Magistrature, the Order of Lawyers, the National Association of Municipalities
Portuguese and too many entities provided for in the diploma to which the following number is referred.
3-A the competence, the organization and the operation of the peace trials and the tramping of the
processes of their competence are defined in a diploma of their own.
Title X
Departments of Research and Penal Action
Article 151.
Creation and location
In addition to the comarches where the courts of Relation are based, when the
movement of criminal investigations is high and in accordance with the planned on this matter
in the Statute of the Public Prosecutor's Office, research departments may be set up and
penal action in any other of the comarches.
Title XI
Governing bodies and judicial discipline
CHAPTER I
Top Council of Magistrate
SECTION I
Structure and Organization
Article 152.
Definition
The Superior Council of the Magistrature is the superior body of management and discipline of the
judicial magistrate.
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Article 153.
Composition
1-The Superior Council of the Magistrature is chaired by the President of the Supreme Court
of Justice and composed still by the following vowels:
a) Two designated 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 office of vogal of the Superior Council of Magistrature cannot be refused by
judicial magistrates.
Article 154.
Vice President and Secretary
1-The vice president of the Superior Council of Magistrature is the judge of the Supreme Court
of Justice referred to in Article 157 (2), by exercising the office at full time.
2-The Council has a Secretary, which designates from among judges of law.
3-The Registrar shall earn the salary corresponding to the judges referred to in Article 222.
Article 155.
Form of assignment
1-The vowels referred to in point b ) of Article 153 (1) are assigned in the terms of the
Constitution and Rules of the Assembly of the Republic.
2-The vowels referred to in point c ) of Art. 153 (1) are elected by secret suffrage and
universal, according to the principle of proportional representation and the method of the mean more
high, with obedience to the following rules:
a) Please separate the number of votes obtained by each list;
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b) The number of votes for each list is divided, successively, by 1, 2, 3, 4, 5, etc.,
being the quotients, considered to be part decimal, aligned by order
decreasing its greatness in a series of so many terms how many the mandates
assigned to the respecting body;
c) The mandates belong to the lists to which the terms of the series correspond
established by the previous rule, receiving each of the lists so many mandates
how many of your terms in the series;
d) In the case of resting one or more mandates to distribute and the following terms
of the series being equal and of different lists, the mandate or mandates fit the list
or lists that have gotten higher number of votes.
3-If more than one list obtains equal number of votes, there is no place for the assignment of
mandates, and the electoral act is to be repeated.
Article 156.
Electoral principles
1-A Election of the vowels referred to in the c ) of Article 153 (1) is made on the basis of
census officiated officiously by the Superior Council of Magistrature.
2-It is provided to the voters for the exercise of the right to vote by correspondence.
3-The electoral college relating to the category of vowels provided for in the c ) of the Article 1 (1)
153. is formed by the judicial magistrates in effectivity of judicial service, with
exclusion of those in commission of service of a non-judicial nature.
4-A The election takes place within the 30 days prior to the cessation of the posts or in the
first 60 days subsequent to the occurrence of vacancy and is announced, with the
minimum 45-day minimum advance notice, per notice to be published in the Journal of the Republic .
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Article 157.
Organization of lists
1-A Election of the vowels referred to in point c ) of Article 153 (1) effectuate
upon lists drawn up by a minimum of 20 voters.
2-The lists include an alternate in relation to each effective candidate, going on each
list a judge of the High Court of Justice, two judges of the Relation and a judge of law
by the area of territorial competence of the Court of Relation of Lisbon, a judge of law
by the area of territorial competence of the Courts of Port Relation and the Relation of
Guimarães, a judge of law by the area of territorial competence of the Court of the
Relation of Coimbra and a judge of law by the area of territorial jurisdiction of the Court
of the Relation of Évora.
3-There can be no candidates for more than one list.
4-In the absence of applications, the election takes place on lists drawn up by the Council
Top of the Magistrature.
Article 158.
Distribution of seats
1-A The distribution of seats is made under the order of conversion of the votes in mandates
by the following form:
a) 1. tenure-judge of the Supreme Court of Justice;
b) 2. tenure-judge of the Relation;
c) 3. tenure-judge of the Relation;
d) 4. tenure-judge of law associated with the area of territorial competence of the
Court of the Relation of Lisbon;
e) 5. tenure-judge of law associated with the area of territorial competence of the
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courts of the Relation of the Port and the Relation of Guimarães;
f) 6. tenure-judge of law associated with the area of territorial jurisdiction of the Court
of the Relation of Coimbra;
g) 7. tenure-judge of law associated with the area of territorial competence of the
Court of the Relation of Évora.
Article 159.
Commission of elections
1-A monitoring of the regularity of electoral acts and the final clearance of voting
compete for an election commission.
2-Constitutions the committee of elections the President of the Supreme Court of Justice and the
presidents of relations.
3-Have the right to integrate the committee of elections a representative from each list
competitor to the electoral act.
4-The duties of president are exercised by the President of the Supreme Court of Justice
and the deliberations taken to the plurality of votes, by having the president vote of
quality.
Article 160.
Competence of the committee of elections
It is especially incumbent on the committee of elections to resolve the doubts raised in the
interpretation of the regulatory rules of the electoral process and decide the complaints that
arise in the course of electoral operations.
Article 161.
Electoral litigation
The contentious appeal of the electoral acts is brought in, within 48 hours, for the
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Supreme Court of Justice and decided, by the section provided for in Article 47 (2), in the 48
hours following your admission.
Article 162.
Arrangements for the electoral process
The Superior Council of the Magistrature adopts the arrangements that show itself necessary to the
organization and good execution of the electoral process.
Article 163.
Exercise of the posts
1-The posts of the vowels referred to in the c ) of Article 153 (1) are exercised by a
period of three years, renewable for equal period, for one time.
2-Whenever during the exercise of office a vowel elect cede cede to the category
of origin or stay prevented is called the alternating and, in the absence of this, it is made declaration
of vacancy, by proceeding the new election pursuant to the preceding Articles.
3-Notwithstanding the cessation of the respected posts, the vowels remain in exercise until the
entry into functions of those who come to replace them.
Article 164.
Status of members of the Superior Council of Magistrate
1-The vowels of the Superior Council of Magistrature who are not judges shall apply the
regime of guarantees of judicial magistrates.
2-The vowels of the Superior Council of Magistrature perform their duties in
full time regime, except if the such waive, applying, in this case, reduction
of the service corresponding to the post of origin.
3-The vowels of the Superior Council of the Magistrature that exercise functions in regime of
full time auferem maturity corresponding to that of the category magistrate vowel
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higher.
4-The members of the Superior Council of Magistrature are entitled to passwords of presence or
grants, in the terms and in amount to be fixed by porterie of the members of the Government
responsible for the areas of finance and justice and, if domiciled or authorized to
reside outside Lisbon, at cost aid, under the law.
SECTION II
Competence and operation
Article 165.
Competence
It is incumbent on the Superior Council of Magistrates:
a) Appoint, place, transfer, promote, exonerate, appreciate professional merit,
exercise disciplinary action and, in general, practice all acts of identical nature
relating to judicial magistrates, without prejudice to the provisions relating to the
provement of positions by elective;
b) Issue opinion on legal diplomas relating to the judicial organization and the
Status of Judicial Magistrates and, in general, on matters relating to the
administration of justice;
c) To study and propose to the member of the Government responsible for the area of justice
legislative arrangements with a view to the efficiency and improvement of the
judicial institutions;
d) Draw up the annual plan for inspections;
e) Order inspections, syndications and inquiries to judicial services;
f) Approve the internal regulation and the budget proposal concerning the Council;
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g) Adopt the necessary arrangements for the organization and good execution of the process
electoral;
h) Change the distribution of processes in the sections where they perform functions more than
a judge, in order to ensure the equalisation and operationality of the services,
particularly in articulation with the judges chairpersons of the comarches;
i) Establish priorities in the processing of causes that are pending
in the courts for period considered excessive, specifically in articulation
with the judges chairpersons of the Comarcas, without prejudice to the remaining processes of
urgent character;
j) To propose to the member of the Government responsible for the area of justice the measures
suitable, so as not to make excessive the number of processes in charge of
each magistrate;
k) Fix the number and the composition of the sections of the Supreme Court of Justice and the
courts of the Relation;
l) Appoint the presiding judge of the courts of comarch;
m) Follow up on the procedural performance of the courts of 1 th instance in the terms
described in Articles 88 and 89;
n) Exercise the remaining functions conferred by law.
Article 166.
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Report of activities
The Higher Council of the Magistrature sends, in the month of October each year, to the Assembly
of the Republic, report of its activity concerning the previous judicial year, which is
published in the Journal of the Assembly of the Republic .
Article 167.
Health
1-The Superior Council of the Magistrature works in plenary and on permanent council,
being this comprised of the Disciplinary, Monitoring and Liaison sections to the
Comarks and General Affairs.
2-The plenum consists of all members of the Superior Council of Magistrate,
in the terms of Article 153 (1).
3-Compose each of the sections of the permanent council the following members:
a) The President of the Superior Council of Magistrate, who presides;
b) The Vice President of the Higher Council of Magistrate;
c) A judge of the relationship;
d) Two judges of law;
e) One of the vowels designated under the terms of the ( a ) of Article 153 (1);
f) Four vowels from among those designated by the Assembly of the Republic;
g) The vogal referred to in Article 177 (2).
4-A designation of the vowels that make up the sections referred to in paragraph 2 do
rotatively in the middle of the respected mandates.
5-The vowel mentioned in the point g ) of paragraph 3 only participates in the discussion and voting of the
process of which he was rapporteur.
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Article 168.
Advisors
1-The Superior Council of the Magistrature has, in its reliance, aides, to
your coadjuvation.
2-Advisors referred to in the preceding paragraph shall be appointed by the Higher Council
of the Magistrature of among Judges of Law with classification not less than Good with
distinction and seniority not less than 5 and not more than 15 years.
3-The number of advisors is fixed by porterie of the responsible government members
by the areas of finance, justice and the Public Administration, under proposal of the
Top Council of the Magistrature.
4-To advisors the provisions of Article 57 (57) and 4 of the Staff Regulations shall apply.
Judicial Magistrates.
Article 169.
Competence of the plenary
They are of the competence of the plenary of the Superior Council of Magistrate:
a) Practise the acts referred to in Article 165, relating to judges of the Supreme
Court of Justice and of the relations or of these courts;
b) To appreciate and decide the complaints against acts practiced by the president, by the
vice president or the vowels, when they respect the superior courts or the
respects judges;
c) Deliberating on the subjects referred to in points b ), c ), f ) and g ) of Article 165;
d) Deliberating on the proposals for penalty of compulsive retirement or dismissal
provided for in the Statute of Judicial Magistrates;
e) To appreciate and decide the subjects not provided for in the previous paragraphs
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avocados on their initiative, by proposal of the permanent council or the
reasoned application from any of its members.
f) Exercise the remaining functions conferred by law.
Article 170.
Competence of the permanent council
They are of the competence of the permanent council the acts not included in the previous article, well
how to decide, depending on the sections, of the disciplinary and classificative resources of the
deliberations of the Council of Justice Officers.
Article 171.
Competence of the President
1-Compete to the President of the Superior Council of Magistrature:
a) Represent the Council;
b) Carry out the duties delegated to it by the Council, with the faculty of
subdelegate in the vice-president;
c) Give possession to the vice president, judicial inspectors and the secretary;
d) Drive and coordinate the inspection services;
e) Elaborate, upon proposal of the Secretary, permanent execution orders;
f) Exercise the remaining functions conferred by law.
2-The president may delegate to the vice president the competence to give possession to the
judicial inspectors and the Registrar, as well as the powers provided for in the ( d ) and
and ) of the previous number.
Article 172.
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Competence of the Vice-President
1-Compete to the vice president of the Superior Council of Magistrature replace the
president in his or her lines or impediments and exercise the functions that are
delegated.
2-The vice president may subdelegate to the vowels who exercise full-time duties
the functions that are delegated to it or subdelegated.
Article 173.
Competence of the Secretary
It is incumbent upon the Secretary of the Superior Council of Magistrature:
a) Directing and directing the services of the Registry, under the oversight of the President and
in accordance with the internal regulation;
b) Submit the dispatch of the President and the Vice President the affairs of the
competence of these and those who, by their nature, justify the convocation of the
Advice;
c) To promote the implementation of the deliberations of the Council;
d) Elaborate and propose to the President orders for permanent execution;
e) Prepare the budget proposal of the Council;
f) Draw up proposals for judicial motion;
g) Attend the meetings of the Council and wash down the minutes;
h) Request from the courts or from any other public and private entities the
information necessary for the operation of the services;
i) Give possession to the officials who provide service in the Council;
j) Exercise the remaining functions conferred by law.
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Article 174.
Operation of the plenary
1-The meetings of the plenum of the Superior Council of Magistrature take place ordinarily
once a month and extraordinarily whenever summoned by the president.
2-The deliberations are taken to the plurality of the votes, by having the President vote of
quality.
3-For the validity of the deliberations, the presence of at least 10 members is required.
4-In the meetings in which you discuss or delibere about the access contest to the Supreme
Court of Justice and designation of the respected Judges participate, with an advisory vote,
the Attorney General of the Republic and the bastonary of the Order of Lawyers.
5-The Superior Council of the Magistrature may convene to participate in the meetings, with
Consultative vote, the Chairpersons of the Relations who are not part of the Council and the
presidents of the comarch courts, owing to always convening the first when
treat yourself to graduation for access to the Supreme Court of Justice, as long as they are not
prevented.
Article 175.
Operation of the permanent council and
1-The sections of the standing council meet ordinarily once a month and
extraordinarily whenever summoned by the president.
2-For the validity of the deliberations, the presence of at least five members is required.
3-Applies to the operation of the permanent council the provisions of paragraphs 2 and 5 of the article
previous.
Article 176.
Delegation of powers
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1-The Superior Council of the Magistrature may delegate to the President, with faculty of
subdelegation at the vice president, powers to:
a) Order extraordinary inspections;
b) To establish surveys and syndications;
c) Authorize magistrates to be absent from the service;
d) Granting the permit to reside in place other than the required domicile, in the
terms of the Statute of Judicial Magistrates;
e) Extend the deadline for the inauguration and authorize or determine that this is taken in
place or in the face of different entity;
f) Appoint magistrates to participate in working groups;
g) Solve other matters of your competence.
2-Can still the Superior Council of Magistrate delegating to the Presidents of the Supreme
Court of Justice and Relations, as well as in the presidents of the comarch courts
the practice of own acts of their competence.
3-The competences referred to in points c ) and d ) in paragraph 1 are exercised by delegation of the
Superior Council of the Magistrature, in respect of the comarch court, by the
respects presidents, without prejudice to the right to appeal.
Article 177.
Distribution of processes
1-The processes are distributed by draw, in the terms of the internal regulation.
2-The vowel to whom the process is distributed is its rapporteur.
3-The rapporteur requests the documents, processes and representations it deems necessary,
being those requisitioned for the indispensable time, with caveat of the secret of justice
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and in such a way as not to cause injury to the parties.
4-In case the reporter becomes overdue, the essay of the deliberation lies with the vowel that is
designated by the president.
5-If matter is of manifest simplicity, the rapporteur may submit it to the assessment with
dispensation of the visas.
6-A The deliberation that adopts the fundamentals and proposals, or only the first, of the
judicial inspector or the instructor of the proceedings can be expressed by simple judgment of
concordance, with a report dispensation.
SECTION III
Office of the Superior Council of Magistrate
Article 178.
Personnel
The organisation, the framework and the scheme of the staff of the Council Secretariat
Superior of Magistrature are defined in a diploma of their own.
CHAPTER II
Top Council of Administrative and Fiscal Courts
SECTION I
Structure and Organization
Article 179.
Definition
The Superior Council of Administrative and Fiscal Tribunals is the governing body and
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discipline of judges of administrative and tax jurisdiction.
Article 180.
Composition
1-The Superior Council of Administrative and Fiscal Tribunals is chaired by the
President of the Supreme Administrative Court and composed of the following vowels:
a) Two designated by the President of the Republic;
b) Four elected by the Assembly of the Republic;
c) Four judges elected by their peers, in harmony with the principle of
proportional representation.
2-It is recognized of interest for the administrative and fiscal jurisdiction the performance of
duties as a member of the Superior Council of Administrative and Fiscal Tribunals.
3-The term of office of the members elected to the Council shall be four years, there may only be
place at a re-election.
4-A The election of the judges referred to in point (s) c ) of paragraph 1 covers two alternating judges who
replace the respective holding respects in their absences, falters or impediments.
5-For the election of the judges referred to in para. c ) of paragraph 1 have active electoral capacity
all judges who provide service in the administrative and tax jurisdiction and capacity
passive electoral only those who find themselves provident for definite title or in
commission of service.
6-When operating needs require it, the Superior Council of Courts
Administrative and Taxation may affect, in exclusive, at your service, one or more of your
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members referred to in para. c ) of paragraph 1, designating to replace each of them, in the
courtroom, an auxiliary judge.
Article 181.
Presidency
1-The Chairman of the Superior Council of Administrative and Fiscal Tribunals is
replaced by the following order:
a) By the oldest of the vice-presidents of the Supreme Administrative Court who
be part of the Council;
b) By the oldest of the judges of the Supreme Administrative Court to be a part
of the Council.
2-In the event of an urgency, the President may practice acts of the Council's competence
Top of the Administrative and Fiscal Courts, subjecting them to ratification of this in the
first session.
SECTION II
Competence and operation
Article 182.
Competence
It is incumbent on the Council of Administrative and Fiscal Courts:
a) Nominate, place, transfer, promote, exonerate and appreciate professional merit
of the judges of the administrative and tax jurisdiction and to exercise disciplinary action
relatively to them;
b) To appreciate, admit, to exclude and graduate the candidates in tender;
c) Know of administrative disputes interposals of decisions
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materially administrative rendered, in disciplinary matters, by the
presidents of the administrative central courts, by the presidents of the
administrative courts of circle and by the presidents of the tax courts,
as well as from others that the law provides for;
d) Order enquiries, enquiries, syndications and inspections of the services of the
courts of administrative and tax jurisdiction;
e) Draw up the annual plan for inspections;
f) To draw up the seniority lists of the judges;
g) Suspend or reduce the distribution of processes to judges who are
incumbents of other services of recognized interest for the jurisdiction
administrative and tax or in other situations justifying the adoption of these
measures;
h) Approve your internal regulation, contests and inspections;
i) Issue the identity cards of the judges, of model identical to those of the judges of the
court courts;
j) To propose to the member of the Government responsible for the area of justice provident
legislative years with a view to improving and the greater efficiency of jurisdiction
administrative and tax;
k) Issue opinion on legislative initiatives that relate to jurisdiction
administrative and tax;
l) Set annually, with the support of the department of the Ministry of Justice with
competence in the field of auditing and modernization, the maximum number of
processes to be distributed to each magistrate and the maximum permissible time limit for the
respects procedural acts whose deadline is not established in law;
m) Managing the scholarship of judges;
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n) Establish the criteria that should preside over the distribution in the courts
administrative, in respect of the principle of the natural judge;
o) Exercise the remaining functions conferred by law.
3-The Superior Council of Administrative and Fiscal Tribunals may delegate to the
president, or in others of its members, the competence to:
a) Practice acts of running management and approve inspections;
b) Nominate the judges for one of the sections of the Supreme Administrative Court and
of the administrative central courts;
c) Order extraordinary inspections, enquiries, surveys and syndications.
Article 183.
Health
1-The Superior Council of Administrative and Fiscal Courts gathers ordinarily a
time by month and extraordinarily whenever summoned by the president, by his
initiative or the solicitation of at least one third of its members.
2-The Superior Council of Administrative and Fiscal Tribunals can only work with the
presence of two thirds of its members.
Article 184.
Presidency
1-The Chairman of the Superior Council of Administrative and Fiscal Tribunals is
replaced by the following order:
a) By the oldest of the vice-presidents of the Supreme Administrative Court who
be part of the Council;
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b) By the oldest of the judges of the Supreme Administrative Court to be a part
of the Council.
2-In the event of an urgency, the President may practice acts of the Council's competence
Top of the Administrative and Fiscal Courts, subjecting them to ratification of this in the
first session.
Article 185.
Competence of the President
It is incumbent upon the Chairman of the Board of Governors of the Administrative and Fiscal Courts:
a) Addressing the sessions of the Board and superintending in respect of services;
b) Set the day and time of the ordinary sessions and convene the extraordinary sessions;
c) Give possession to the inspectors and to the Secretary of the Council;
d) Drive and coordinate the inspection services;
e) Elaborating, on your initiative or upon the proposal of the Secretary, the instructions of
permanent execution;
f) Exercise the powers delegated to it by the Council;
g) Exercise the remaining functions conferred upon you by law.
Article 186.
Support services
1-The Superior Council of Administrative and Fiscal Tribunals has a Bureau of Registration
with the organisation, framework and scheme of the personnel to be fixed in diploma
own.
2-The Superior Council of Administrative and Fiscal Tribunals has a Secretary, per se
designated, preferably among judges who provide service in the administrative courts
circle or in the tax courts.
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Article 187.
Competence of the Secretary
It is incumbent upon the Secretary of the Superior Council of Administrative and Fiscal Courts:
a) Directing and directing the services of the Registry, under the oversight of the President and
as per the internal regulation;
b) Submit the order of the President the subjects of his / her competence and those which
justifying the convening of the Council;
c) To propose to the President the drafting of permanent execution instructions;
d) To promote the implementation of the deliberations of the Council and of the orders and instructions of the
president;
e) Prepare the budget proposal of the Council;
f) Elaborate the plans for the movement of the magistrates;
g) Attend the meetings of the Council and draw up the proper respects;
h) Promote the collection, together with any entities, of information or other
elements necessary for the operation of services;
i) Give possession or receive the statement of acceptance of the post as to the employees to the
service of the Council;
j) Exercise the remaining functions conferred upon you by law.
Article 188.
Functions of the registry
The Office of the Board of the Higher Council of Administrative and Fiscal Courts is to provide
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the administrative support and advice necessary to the normal development of the activity
of the Council and the preparation and implementation of its deliberations, in the terms set out in
own diploma and in the respect of internal regulation.
CHAPTER III
Top Council of the Public Prosecutor
SECTION I
Structure and Organization
Article 189.
Definition
The Higher Council of the Public Prosecutor's Office is the superior body of management and discipline of the
magistrate of the Public Prosecutor's Office, integrated into the Attorney General of the Republic, in the
terms of the Constitution and the Statute of the Public Prosecutor's Office.
Article 190.
Composition
1-A The Attorney General of the Republic exercises its disciplinary and managerial competence of the
tables of the Public Prosecutor's Office through the Higher Council of the Ministry
Public.
2-Compose the Superior Council of the Public Prosecutor's Office:
a) The Attorney General of the Republic;
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b) Four attorneys general adjoined by inherency, in the terms of the respect
status;
c) An adjunct attorney general, elected from among and by the attorneys general-adjuncts;
d) Two prosecutors from the elected Republic of between and by the prosecutors of the
Republic;
e) Four procurators-adjoining elected from among and by the procuratorates-adjoining,
being an adjunct prosecutor by the area of territorial competence of the Court of
Relation of Lisbon, an assistant district attorney for the area of territorial competence
of the courts of the Relation of the Port and the Relation of Guimarães, a prosecutor-
adjunct by the area of territorial competence of the Court of Relation of Coimbra and
an adjunct prosecutor by the area of territorial competence of the Court of
Relation of Évora;
f) Five members elected by the Assembly of the Republic;
g) Two personalities of recognized merit designated by the member of the Government
responsible for the area of justice.
3-The magistrates of the Public Prosecutor's Office cannot refuse the office of the Council's vowel
Superior of the Public Ministry.
Article 191.
Electoral principles
1-A The election of the magistrates referred to in points c ) and d ) of paragraph 2 of the previous article
is done by secret and universal suffrage, corresponding to each of the categories an
electoral college formed by the judgeship magistrates in effectivity of duties.
2-A The election of the magistrates referred to in point (s) and ) of paragraph 2 of the preceding Article shall be made by
secret and universal suffrage, on the basis of four electoral colleges formed by the
Judgeship magistrates in effectivity of functions, corresponding to each electoral college
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to the area of competence of the courts of the Relation, in the terms mentioned in the said
point.
3-The census of magistrates is organized officiously by the Prosecutor-General's Office
of the Republic.
4-Voters shall be provided the exercise of the right to vote by correspondence.
Article 192.
Active and passive electoral capacity
Are voters and eligible the magistrates belonging to each category in effective exercise
of functions in the prosecutor's office.
Article 193.
Date of elections
1-Elections take place within the 30 days prior to the cessation of the posts or in the
first 60 subsequent to the occurrence of vacancy.
2-The Attorney General of the Republic announces the date of the election, with the minimum advance
of 45 days, per notice published in the Journal of the Republic .
Article 194.
Organization of lists and form of election
1-The vowels of the Superior Council of the Public Prosecutor's Office referred to in points d ) and and ) from the
n Article 190 (2) are elected upon subscribed lists by a minimum of 20 and 40
voters, respectively.
2-A The election of the magistrates referred to in point (s) d ) of Article 190 (2) does
second the principle of proportional representation and the highest mean method, with
obedience to the following rules:
a) Please separate the number of votes obtained by each list;
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b) The number of votes is divided successively by 1 and by 2, being the quotients
considered with decimal part aligned by the descending order of your
greatness in a series of so many terms how many the mandates assigned to the organ
respect;
c) The mandates belong to the lists to which the terms of the series correspond
established by the previous rule, receiving each of the lists so many mandates
how many of your terms in the series;
d) In the case of resting one or more mandates to distribute and the following terms
of the series being equal and of different lists, the mandate or mandates fit the list
or lists that have obtained greater number of votes;
e) If more than one list has equal number of votes, there is no place the assignment of
mandates, and the electoral act is to be repeated.
3-A The election of the magistrates referred to in points c ) and and ) of Article 190 (2) does
if second the majority principle, being assigned the mandate to the effective candidate of the
more voted list.
4-The lists include two alternates in relation to each effective candidate.
5-There can be no candidates for more than one list.
6-In the absence of applications, the election takes place on the basis of the list organized by the
Top Council of the Public Ministry.
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Article 195.
Distribution of seats
The distribution of seats is made second to the order of converting the votes in terms of office.
Article 196.
Commission of elections
1-A monitoring of the regularity of electoral acts and the final clearance of voting
compete for an election commission.
2-Constituting the committee of elections the Attorney General of the Republic and the members
referred to in paragraph b ) of Article 190 (2).
3-Have the right to integrate the committee of elections a representative from each list
competitor to the electoral act.
4-The functions of president are exercised by the Attorney General of the Republic and the
deliberations taken to the plurality of votes, by standing to the President's vote of quality.
Article 197.
Competence of the committee of elections
It is especially incumbent on the committee of elections to resolve the doubts raised in the
interpretation of the electoral regulation and decide the complaints that arise in the course of the
election operations.
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Article 198.
Electoral litigation
The contentious appeal of the electoral acts is brought in, within 48 hours, for the
Supreme Administrative Court.
Article 199.
Regulatory provisions
The trames of the non-constant electoral process of the previous articles are established
in regulation to be published in the Journal of the Republic .
Article 200.
Exercise of the posts
1-The vowels referred to in points c ), d) and e) of Article 190 (2), exercise the posts by
a period of three years, renewable for one time in the period immediately
subsequent.
2-Whenever, during the exercise of the office, a magistrate cede to belong to the category
or hierarchical degree of origin or if it finds prevented, is called the following element
from the same list, if the there is and then the first alternate and, in the absence of this, the second
supplent.
3-In the absence of the second alternate, it is made a statement of vacancy and the new election is carried out,
in the terms of the previous articles.
4-The alternates and the subsequently elected members exercise their respective positions until
to the end of the duration of the office in which the original holder was invested.
5-The term of office of the members elected by the Assembly of the Republic shall lapse with the first
meeting of Assembly subsequently elected.
6-The mandate of the members designated by the member of the Government responsible for the area
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of justice lapses with the takeover of new minister, and this must confirm them
or proceed the new assignment.
7-Notwithstanding the cessation of the terms of office, the members elected or appointed
remain in exercise until the entry into office of those who will be able to replace them.
Article 201.
Status of members of the Higher Council of the Public Prosecutor's Office
1-To the vowels other than magistrates shall apply for the scheme of guarantees of the magistrates
of the Public Ministry.
2-The Superior Council of the Public Prosecutor determines the cases in which the office of vowel
must be exercised on a full-time level, and the number of magistrates may be lower than the
of non-magistrates.
3-Are designated, at a minimum, two members who exercise the office of vowel on time
whole and in exclusivity regime.
4-Members of each other elected by the magistrates of the Public Prosecutor's Office benefit from
reduction of service as a percentage to be determined by the Higher Council of the Ministry
Public.
5-The vowels of the Higher Council of the Public Prosecutor's Office who exercise functions in regime
of full time earn the remunerations corresponding to those of the magistrate vowel of
highest category.
6-The vowels are entitled to passwords of presence or allowance in the terms and in amount to
fix by porterie of the members of the Government responsible for the areas of finance and the
justice and, if domiciled or allowed to reside outside of Lisbon, to cost aid in the
terms of the law.
SECTION II
Competence and operation
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Article 202.
Competence
It is incumbent on the Superior Council of the Public Ministry
a) Appoint, place, transfer, promote, exonerate, appreciate professional merit,
exercise disciplinary action and, in general, practice all acts of identical nature
relating to the magistrates of the Public Prosecutor's Office, with the exception of the Prosecutor-
General of the Republic;
b) Approve the electoral regulation of the Council, the internal regulation of the
Prosecutor-General of the Republic, the regulation on the effectivation of the
competitions for the flooring of the places of magistrates of the Public Prosecutor's Office
provided for in the respective Statute and the proposal of the budget of the Attorney General
of the Republic;
c) Deliberating and issuing directives on internal organisation and management of
frames;
d) To propose to the Attorney General of the Republic the issuance of directives to which it must
obey the acting of the magistrates of the Public Prosecutor's Office;
e) To propose to the member of the Government responsible for the area of justice, through the
Prosecutor-General of the Republic, legislative arrangements with a view to the efficiency of the
Prosecutor's Office and the enhancement of judicial institutions;
f) Know of the complaints provided for in this law;
g) Approve the annual plan of inspections and determine the carrying out of inspections,
syndications and surveys;
h) Issue opinion on judicial organization and, in general, of administration
of justice;
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i) Exercise the remaining functions conferred by law.
Article 203.
Health
1-The Superior Council of the Public Prosecutor's Office works in plenary or in sections.
2-The plenary is made up of all members of the Higher Council of the Ministry
Public.
3-The meetings of the plenary of the Higher Council of the Public Prosecutor's Office take place,
ordinarily, every two months and, extraordinarily, whenever summoned
by the Attorney General of the Republic, for his initiative or the requirement of, by the
less, seven of its members.
4-The deliberations are taken to the plurality of votes, by the way of the Attorney General of the
Republic vote of quality.
5-For the validity of the plenum's deliberations is required to be attended by a minimum of 13
members of the Higher Council of the Public Ministry, the disciplinary sections and the
appreciation of professional merit a minimum of seven members, and of the permanent section
a minimum of three members.
6-The Superior Council of the Public Prosecutor's Office is secretariat by the secretary of the
Procuradorian-General of the Republic.
7-The remaining rules relating to the operation and organisation of the Higher Council
of the Public Prosecutor's Office and its sections are contained in the internal regulation of the
Procuradorian-General of the Republic.
Article 204.
Sections
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1-The Higher Council of the Public Prosecutor's Office has a permanent section, to which
compete to deliberate on the matters delegated to it by the plenum and not
fall within the competence of the evaluation sections of professional and disciplinary merit.
2-Compose the permanent section the Prosecutor General of the Republic and four vowels
designated by the plenum, two of which from among the vowels that exercise functions in
full time regime, safeguarding itself as to the vowels the representation
parity of magistrates and non-magistrates.
3-When it comes to appreciating professional merit, the Higher Council of the Ministry
Public works in sections.
4-The subjects relating to the exercise of disciplinary action are the competence of the section
discipline.
5-Compose the disciplinary section the Attorney General of the Republic and the following
members of the Superior Council of the Public Ministry:
a) Five of the members referred to in points b ), d ) and and ) of Article 190 (2), elected
by its peers, in number proportional to the respect of representation;
b) The Deputy Attorney General referred to in the c ) of Article 190 (2);
c) Three of the personalities referred to in point (s) f ) of Article 190 (2), Elects
by and from among those, for periods of 18 months;
d) One of the personalities referred to in point g ) of Article 190 (2),
designated by draw, for rotating periods of 18 months.
6-Not being possible the election or if there is a draw, the Attorney General of the Republic
designates the unelected members, with respect to the provisions of the final part of the ( a )
of the previous number.
7-Of the deliberations of the sections rests with the plenary of the Board of the Superior Council of the
Prosecutor's Office.
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Article 205.
Distribution of processes
1-The processes are distributed by lottery by the members of the Superior Council of the
Prosecutor's Office, pursuant to the internal regulation.
2-The vowel to whom the process is distributed is its rapporteur.
3-In the event of a claim to the plenum, the process is distributed to different rapporteur.
4-The reporter may requisition the documents, processes and representations that you consider
required, being the processes requisitioned by the indispensable time, with caveat of the
secret of justice and in such a way as not to cause injury to the parties.
5-In case the reporter becomes overdue, the essay of the deliberation lies with the vowel that is
designated by the president.
6-If matter is of manifest simplicity, it may the rapporteur submit it to the assessment with
dispensation of visas.
7-A deliberation that adopts the fundamentals and proposals, or only the first, of the
inspector or instructor of the proceedings may be expressed by judgment of concordance, with
dispensation of report.
Article 206.
Delegation of powers
The Higher Council of the Public Prosecutor's Office may delegate to the Attorney General of the
Republic the practice of acts which, by their nature, should not await the meeting of the
Advice.
Article 207.
Comparisons of the member of the Government responsible for the area of justice
The member of the Government responsible for the area of justice attend the meetings of the
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Top Council of the Public Ministry when it understands timely, to do
communications and request or provide clarifications.
CHAPTER IV
Applicable law
Article 208.
Statutory standards
In everything that is not expressly regulated in this title, the statute applies
of judicial magistrates, the status of the administrative and tax courts and the status of the
magistrates of the Public Prosecutor's Office, which are governed by law of their own.
Title XII
Transitional and final provisions
CHAPTER I
Transitional provisions
Article 209.
Appointment of the governing bodies of the comarch court
The president of the court, the magistrate of the prosecutor's office coordinator and the
judicial administrator are appointed up to six months prior to the implementation of the
comedles arranged in the terms to be defined in the decree-law establishing the applicable regime
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to the organisation and operation of the judicial tribunals with a view to their participation
active throughout the organizational process.
Article 210.
Constitution of the advisory council
The advisory board is to be constituted up to three months after the implementation of the
comarch.
Article 211.
Judges in exercise of duties in the courts of Relation
1-The law judges who currently carry out duties as auxiliaries in the courts of the
Relationship, while maintaining the requirements required on the date of your appointment as such,
and so the rewant in every judicial move, remain in that situation until they are
promoted to disembarkant judges pursuant to the Statute of Magistrates
Judicial, or until they are disconnected from the service.
2-A resignation to the promotion curriculum contest the disembarking judge implies the resignation
to the maintenance of the auxiliary seat provided for in the preceding paragraph.
Article 212.
Proofing of the seats of judge
1-The judges of the Court Enforcement Courts of the Central Court of Instruction
Criminal, of the Maritime Court, the Court of Intellectual property and the Court
of Competition, Regulation and Supervision, which meet the legally required requirements,
have absolute preference in the first provement of places in the corresponding
Courts of Expanded Territorial Jurisdiction.
2-The circle judges and the judges of the mixed varas who meet the requirements legally
required have absolute preference in the first floor provement in the
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corresponding sections cable and or criminal of the central instances.
3-The judges of the criminal sticks, the judges of the major criminal instances and the judges in
exclusive affection to the trial by collective court that meet the requirements
legally required have absolute preference in the first flooring in the
corresponding criminal sections of the central instances.
4-The judges of the cable sticks and the judges of the large cable instances that gather the
legally required requirements have absolute preference in the first pavement of
places in the corresponding cable sections of the central instances.
5-The judges of the courts of criminal instruction and of the criminal instruction judgments, the judges
of the family and minor courts and of the family and minor judgements, the judges of the
courtrooms of labour and labour judgments, the judges of the joint judgment of work and of
family and minors, the judges of the courts of commerce and trade judgments and the
judges of the enforcement judgements, who meet the legally required requirements, have
absolute preference in the first seating of seats in the corresponding sections
of the central instances.
6-Comarch judges have absolute preference in the first seating of seats in the
corresponding sections of the local instances.
7-The remaining judges have a preference in the first seating of seats in the
corresponding sections of the local instances, without prejudice to the application of the
preferences consigned to the preceding figures, which take precedence.
8-The judges of the courts of small cable instance have absolute preference in the first
pavement of places in the corresponding cable sections of the local instances.
9-In the event of equality in preference, the general classification criteria are respected and
seniority.
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10-The preferences provided for in this article do not apply to auxiliary judges.
11-For the purposes of the provisions of this Article, the corresponding sections are considered
those who have jurisdiction over any of the municipalities included in the area of
territorial jurisdiction of the court, vara or extinct judgement.
Article 213.
Provement of the places of magistrates of the Public Prosecutor's Office
1-The magistrates of the Public Prosecutor's Office placed in the tables of the judicial circles, das
comedic or of the departments extinguished by the entry into force of this Law and its
regulation, which meet the legally required requirements, have preference in the
placement in the corresponding tables of the new comarks, depending on their
category.
2-A preference is exercised in the first movement of magistrates allotment, ordinary
or extraordinary, for the provement of the places created in the new comarks, in
terms to be regulated by the Superior Council of the Public Prosecutor.
3-Ancillary magistrates benefit from the preference provided for in this article, in
terms to be regulated by the Superior Council of the Public Prosecutor.
Article 214.
Change to personnel maps
Changes to the initial definition of personnel maps can be made from the end of
a period of 12 months after the implementation of the comarch.
Article 215.
Management report
In the year of the implementation of each of the comarks the management report referred to in
point ( f) of Article 106 (2) shall be drawn up six months after the installation of the
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comarcas.
Article 216.
Installation of courts
1-A The installation of the Supreme Court of Justice and the courts of Relation constitutes
direct charge of the state.
2-While the State does not dispose of suitable buildings, the installation of
court tribunals in real estate or parts of real estate owned by local authorities, in
regimen of gratuitousness.
Article 217.
Remissive standard
References to tribunals, varas or constant judgements of other diplomas must be
construed as being effected to the competent courts or sections in the terms of the
present law.
CHAPTER II
Final provisions
Article 218.
Supplementary standards
Within 60 days of the publication of this Law, the Government approves the decree-law
which proceeds to its regulations.
Article 219.
Deliberations
Within the framework of the respective competences, the Superior Council of Magistrature and the Council
Top of the Public Prosecutor's Office take the necessary deliberations to the implementation of the present
law and its supplementary standards, particularly for the purpose of redistribution of
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processes.
Article 220.
Proofing the places of courts of territorial jurisdiction extended
1-The judges placed in the places of the courts of extended territorial jurisdiction do not
may carry out duties in the said court for more than six years.
2-Fishing the period of six years referred to in the preceding paragraph, the judges placed in the
places of extended territorial competence have absolute preference in the provement of
places in the comarch where the courthouse is installed and for which they gather the
legally required requirements.
Article 221.
Placement of judges in the central instances
1-The judges to be placed in the civil sections, criminal sections, sections of criminal instruction,
sections of family and minors, sections of the work and sections of trade of the instances
central are appointed from among judges of law with more than 10 years of service and
rating not lower than Good with distinction.
2-Constituent factors served in the appointment, by descending order of preference, the
service classification and seniority.
3-In the absence of judges of law with the requirements set out in paragraph 1, the appointment is
applicable the provisions of the preceding paragraph.
4-The provisions of the preceding paragraphs shall apply to the judges to be placed in the courts of
extended territorial competence.
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Article 222.
Remunerative index
1-The judges referred to in the previous article earn by the index 220 of the indictable scale of the
table currently applicable to the category of circle judges or equiped.
2-Case excecionally there is a need to place deputy attorney in roles of
representation in the sections or tribunals referred to in the previous article, the same auinjures,
while there remain in roles, by index 220 of the table's indictable scale
currently applicable to the category of procurators of the Republic.
Article 223.
Judges placed in the enforcement judgements
The holding judges who currently carry out duties in the execution judgements entered into the
pilot rallies do not see changed the remuneration they already earn, while they remain
in the sections that correspond to them.
Article 224.
Abrogation standard
They are revoked:
a) Articles 1 to 159 of Law No 52/2008 of August 28, in the part where it approves
the law of Organization and Functioning of the Judicial Courts;
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b) The Act No. 3/99 of January 13;
c) The Decree-Law No 28/2009 of January 28;
d) The Decree-Law No 25/2009 of January 26;
e) The Decree-Law No 186-A/99 of May 31.
Article 225.
Entry into force
1-Without prejudice to the provisions of the following number, this Law shall come into force in 1 of
January 2014.
2-Article 209 shall come into force on the day following that of the publication of this Law.
3-The Court of Relation of Lisbon is competent, as of the day following that of the publication
of this Law, to appreciate the impugments of the decisions of the Competition Tribunal,
Regulation and Supervision.
Seen and approved in Council of Ministers of November 22, 2012
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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ANNEX I
(as referred to in Article 32 (1))
Court of the Relation of Guimarães
Area of competence:
Comarcas: Braga, Bragança, Viana of the Castle and Vila Real.
Court of the Relation of the Port
Area of competence:
Comarcas: Aveiro, Porto and Porto Este.
Courts of extended territorial jurisdiction: Court of Execution of the Penas of Porto.
Court of the Relation of Coimbra
Area of competence:
Comarcas: White Castle, Coimbra, Guard, Leiria and Viseu.
Courts of extended territorial jurisdiction: Court of Enforcement of the Penas of Coimbra.
Court of the Relation of Lisbon
Area of competence:
Comarcas: Azores, Lisbon, Lisbon Norte, Lisbon West and Madeira.
Courts of extended territorial jurisdiction: Court of Intellectual Property, Court
of Competition, Regulation and Supervision, Maritime Court, Court of Enforcement of the
Feathers of Lisbon and Central Court of Criminal Instruction.
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Court of the Relation of Évora
Area of competence:
Comarcas: Beja, Évora, Faro, Portalegre, Santarém and Setúbal.
Courts of extended territorial jurisdiction: Court of Enforcement of the Evora Penas.
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ANNEX II
(as referred to in Article 33 (2))
Comarch of the Azores
Headquarters: Ponta Delgada
Circumscription:
Municipalities: Angra do Heroism, Calheta (S. Jorge), Corvo, Horta, Lagoa, Lajes das Flores,
Lajes of the Peak, Madalena, Northeast, Tip Delgada, Settlement, Ribeira Grande, Santa Cruz
of the Graciosa, Holy Cross of the Flores, St. Roque of the Peak, Candles, Beach of the Victory, Village of the
Port and Vila Franca of the Field.
Comarch of Aveiro
Headquarters: Aveiro
Circumscription:
Municipalities: Águeda, Albergaria-a-Velha, Anadia, Arouca, Aveiro, Paiva Castle,
Espinho, Estarreja, Ilhavo, Mealhada, Murtosa, Oliveira de Azemels, Oliveira do Neighborhood,
Ovar, Saint Mary of the Fair, Saint John of Madeira, Sever of the Vouga, Vagos and Vale of
Cambra.
Comarch of Beja
Headquarters: Beja
Circumscription:
Municipalities: Aljustrel, Almodôvar, Alvito, Barrancos, Beja, Castro Verde, Cuba, Ferreira do
Alentejo, Mértola, Moura, Odemira, Ourique, Serpa and Vidigueira.
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Comarch of Braga
Headquarters: Braga
Circumscription:
Municipalities: Amares, Barcelos, Braga, Cabeceiras de Basto, Celorico de Basto, Esposende,
Fafe, Guimarães, Pole of Lanky, Golden Lands, Vieira do Minho, Vila Nova de
Famalicão, Vila Verde and Vizela.
Comarch of Bragança
Headquarters: Bragança
Circumscription:
Municipalities: Customs of the Faith, Bragança, Carrazeda of Ansiaes, Freixo of Sword to Cinta,
Macedo of Knights, Miranda of the Douro, Mirandela, Mogadouro, Tower of Moncorvo,
Village Flor, Vimioso and Vinhais.
Comarch of White Castle
Headquarters: White Castle
Circumscription:
Municipalities: Belmonte, White Castle, Covilhã, Founder, Idanha-a-Nova, Oleiros,
Penamacor, Proença-a-Nova, Sertã, King's Village and Old Ród Village.
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Comarch of Coimbra
Headquarters: Coimbra
Circumscription:
Municipalities: Arganil, Cantanhede, Coimbra, Conlet-a-Nova, Figueira da Foz, Guns,
Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira of the Hospital, Pampilhosa da
Serra, Penacova, Penela, Soure, Tábua and Vila Nova de Poiares.
Comarch of Évora
Headquarters: Évora
Circumscription:
Municipalities: Alandroal, Arraiolos, Borba, Estremoz, Évora, Montemor-o-Novo, Mora,
Mourão, Portel, Redondo, Reguengos of Monsaraz, Sales New, Viana do Alentejo and
Village Viçosa.
Comarch of Faro
Headquarters: Faro
Circumscription:
Municipalities: Albufeira, Alcoutim, Aljezur, Castro Marim, Faro, Lagoa, Lagos, Loulé,
Monchique, Olhão, Portimão, Saint Brás of Alportel, Silves, Tavira, Villa of the Bishop and Villa
Real from Santo António.
Comarch of the Guard
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Headquarters: Guard
Circumscription:
Municipalities: Aguiar da Beira, Almeida, Celorico da Beira, Figueira de Castelo Rodrigo,
Furnaces of Algodres, Gouveia, Guard, Manteigas, Meda, Pinhel, Sabugal, Seia, Trancoso and
Villa Nova de Foz Côa.
Comarch of Leiria
Headquarters: Leiria
Circumscription:
Municipalities: Alcobaça, Alvaiázere, Ansião, Battle, Bombarral, Queen's Caldas,
Chestnut of Pera, Figueiró dos Vinhos, Leiria, Navy Grande, Nazareth, Óbidos,
Pedrógão Grande, Peniche, Pombal and Port of Mós.
Comarch of Lisbon
Headquarters: Lisbon
Circumscription:
Municipalities: Alcochete, Almada, Barreiro, Lisbon, Moita, Montijo and Seixal.
Comarch of North Lisbon
Headquarters: Loures
Circumscription:
Municipalities: Alenquer, Arruda dos Vinhos, Azambuja, Cadaval, Loures, Lourinhã, Odivelas,
Nephew of Monte Agraço, Torres Vedras and Vila Franca de Xira.
Comarch of West Lisbon
Headquarters: Sintra
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Circumscription:
Municipalities: Amadora, Cascais, Mafra, Oeiras and Sintra.
Comarch of Madeira
Headquarters: Funchal
Circumscription:
Municipalities: Calheta (Wood), House of Lobos, Funchal, Machico, Ponta do Sol, Porto
Moniz, Porto Santo, Ribeira Brava, Santa Cruz, Santana and São Vicente.
Comarch of Portalegre
Headquarters: Portalegre
Circumscription:
Municipalities: Alter of the floor, arronches, Avis, Larger Field, Vide Castle, Crato, Elves,
Border, Gairplane, Marvain, Monforte, Nisa, Bridge of Sor, Portalegre and Sousel.
Comarch of Porto
Headquarters: Porto
Circumscription:
Municipalities: Gondomar, Maia, Matosinhos, Porto, Póvoa de Varzim, Santo Tirso, Trofa,
Valongo, Vila do Conde and Vila Nova de Gaia.
Comarch of Porto Este
Headquarters: Penafiel
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Circumscription:
Municipalities: Amarante, Baião, Felgueiras, Lousada, Marco of Canaveses, Paths of Ferreira,
Walls and Penafiel.
Comarch of Santarém
Headquarters: Santarém
Circumscription:
Municipalities: Abrantes, Alcanena, Almeirim, Alpiarça, Benavente, Cartaxo, Chamusca,
Constancy, Coruche, Entroncamento, Ferreira do Zêzere, Golegan, Mation, Ourém, Rio
Largest, Salvaterra de Magos, Santarém, Sardoal, Tomar, Torres New and Vila Nova da
Barquinha.
Comarch of Setúbal
Headquarters: Setúbal
Circumscription:
Municipalities: Alcácer do Sal, Grândola, Palmela, Santiago do Cacém, Sesimbra, Setúbal and
Sines.
Comarch of Viana do Castelo
Headquarters: Viana do Castelo
Circumscription:
Municipalities: Arches of Valdevez, Caminha, Melgsteel, Monsoon, Coura of Coura, Bridge of the
Barca, Ponte de Lima, Valença, Viana of the Castle and Vila Nova de Cerveira.
Royal Villa Comarch
Headquarters: Vila Real
Circumscription:
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Municipalities: Alijó, Botics, Keys, Cold Meson, Basto Mondim, Montalegre, Murça,
Weight of the Rider, Ribeira de Pena, Sabrosa, Santa Marta of Penaguion, Valpaths, Vila Little
of Aguiar and Vila Real.
Comarch of Viseu
Headquarters: Viseu
Circumscription:
Municipalities: Armamar, Loads of the Sal, Castro Daire, Cinfos, Lamego, Mangualde,
Moimenta da Beira, Mortágua, Nelas, Oliveira de Frades, Penalva do Castelo, Penedono,
Resende, Santa Comba Dão, Saint John of the Pforget, St. Peter of the South, Sáso, Sernancelhe,
Tabusteel, Tarouca, Tondela, Vila Nova of Paiva, Viseu and Vouzela.