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The Organization Of The Judiciary Act

Original Language Title: Lei da Organização do Sistema Judiciário

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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.