ORAL / INTERVIEW

Civil procedural practice

What forms of process are there?

According to article 546 of the CPC, the process can be common or special.
The special process applies to cases expressly designated by law, and the common process is applicable to all
cases that do not correspond to special process.
Under the terms of the article, the common process of declaration follows a single form.

Regarding the types of actions, according to Article 10 of the CPC, actions are declarative or executive.
Declarative actions can be for simple appreciation, condemnation or constitutive.
From the simple assessment, to obtain solely the declaration of the existence or non-existence of a right or a fact;
Upon condemnation, to require the provision of a thing or a fact, presupposing or foreseeing the violation of a
law
As constitutive, authorize a change in the existing legal order.
The executive actions are those in which the creditor requests the necessary measures for the coercive realization of a

obligation that is owed to you, which may consist of the payment of a certain amount, the delivery of a certain thing or in the

presentation of a fact, whether positive or negative.

Distinction between matter of fact and matter of law.

The subject matter is everything related to the investigation of occurrences in real life that serve as assumptions for

normas legais aplicáveis. Já matéria de direito é tudo o que diz respeito à interpretação e aplicação da lei.

Powers of inquiry of the judge and the burden of allegation.

The burden of proof of the parties and the powers of cognition of the court are provided for in Article 5 of the CPC, stating that

the parties are allowed to argue the essential facts that constitute the basis of the claim and those on which the exceptions are based

invoked.
In addition to the facts presented by the parties, the judge also considers the instrumental facts that result from
cause instruction. The facts that are a complement or concretization of what the parties have alleged and result
from the instruction of the case, provided they have had the opportunity to speak about them. The notorious facts and
those of which the court is aware by virtue of the exercise of its functions.
The judge is not bound by the parties' claims regarding the examination, interpretation, and application of the rules.
law.

Is a litigation power of attorney freely revocable? Under what terms can it be revoked?

Yes. According to Article 1170, paragraph 1 of the Civil Code, the mandate can be freely revoked by either party.
notwithstanding any contrary agreement or waiver of the right of revocation. However, it must be noted that it will have to
to have a justified reason, the lawyer should not cease sponsorship without further ado (article 100, n°1 letter e) of the Statute

Order of Lawyers), under penalty of incurring civil liability under the terms of article 1172, item d).
Under the terms of Article 47 of the Civil Code, the revocation of the mandate takes place in the process itself and is notified to the

principal, as well as the opposing party.

The effects of the revocation take place from the notification.

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However, in cases where the appointment of a lawyer is mandatory, if the party, after being notified of the renunciation,
not appoint a new proxy within 20 days:
a) The proceedings are suspended if the fault is of the author or the claimant;
b) The process proceeds according to its terms, if the absence is from the defendant, the executed party, or the requested party, taking advantage of the acts.

previously practiced;
c) The procedure or incident inserted in the processing of any action is extinguished if the fault lies with the applicant.
opponent or petitioner.
Since the sponsorship is mandatory, if the defendant, the reconvenor, the executed, or the required cannot be notified, it is
appointed unofficially as an attorney, under the terms of paragraph 3 of article 51.

The lawyer appointed under the terms of the previous number has the right to examine the case for a period of 10 days.
If the defendant has filed a counterclaim, it becomes ineffective when the failure referred to in paragraph 3 is attributed to them; being the

absence of the author, only the reconventional request follows, after 10 days have passed since the suspension of the action.

What powers are conferred by the judicial power of attorney?

General powers or special powers. According to articles 44 and 45 of the CPP when a party declares in the power of attorney that

concede forensic powers or to be represented in any action, the mandate has general extent. That is, the
the mandate grants powers to the attorney to represent the party in all acts and terms of the main process and
respective incidents, even before the higher courts.
However, the granting of special powers by the principal is required so that the judicial representatives can
to confess the action, to compromise on its object and to desist from the request or from the instance. For that, they must be equipped with

power of attorney that expressly authorizes them to perform any of these acts.
The law presumes that the mandate is granted to the attorney for the delegation of the mandate.

3 - The sub-delegation without reservation implies the exclusion of the previous mandatary.

The effectiveness of the mandate depends on acceptance, which can be manifested in the public instrument itself or in
private document, or resulting from conclusive behavior of the mandatary.

The recording of the hearing

As provided for in article 155 of the CPC

Recording of the final hearing and documentation of the other acts presided over by the judge

1 - The final hearing of actions, incidents, and precautionary measures is always recorded and should only be
marked in the minutes the beginning and the end of each testimony, information, clarification, request and respective
response, dispatch, decision, and oral arguments.
The recording is made in video or sound system, without prejudice to other audiovisual means or others.
similar technical processes that the court may have at its disposal, all participants in the act must be
informed of your completion.
The recording must be made available to the parties within two days from the respective act.
4 - The lack or deficiency of the recording must be invoked within 10 days from the moment when the
Recording is made available.
5 - The secretary proceeds to transcribe requests and their respective responses, rulings, and decisions made by the judge,

officially or at the request, determine, by irrevocable order.

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6 - The transcription is made within five days from the respective act; the deadline to raise any
The noncompliance of the transcription is five days from the notification of its incorporation into the records.
7 - The execution and content of the other procedural acts presided over by the judge are documented in a record, in which are

collected the declarations, requests, promotions, and oral decision-making acts that have occurred.
8 - The drafting of the minutes is the responsibility of the court clerk, under the direction of the judge.

9 - In case of alleged non-compliance between the content of what was dictated and what occurred, corrections are made.

to record the statements regarding the discrepancy, indicating the corrections to be made, after which the
the judge issues, after hearing the present parties, a definitive decision, sustaining or modifying the wording

initial.

Imagine that you are in a final hearing and the other party offers you a very good settlement for your
client, but only has a general power of attorney and the client is unreachable. How can one conclude the
agreement even without special powers and without the consent of your client?
Question related to the sponsorship of representatives endowed with special judicial powers to confess the action,
to settle or give up, since under the terms of article 45, no. 2 of the CPC, judicial representatives can only confess to the action,
to transcribe about your object and withdraw the request or instance when they are equipped with a power of attorney that them

expressly authorize the practice of any of these acts, given that under the terms of article 46 of the CPC the statements and

express confessions of facts made by the attorney in the documents bind the party, unless they are rectified or
withdrawals while the opposing party has not specifically accepted them. Also the same Article 258 of the CC
it stipulates that the legal business carried out by the representative on behalf of the represented, within the limits of the powers granted

they are up to him, produce their effects in the legal sphere of the latter.
Therefore, not being equipped with a power of attorney with special powers and the contract being advantageous for me
The constituent should, under article 49 of the CPC and article 471 of the CC, conclude the agreement. Indeed, according to these terms

articles, in case of urgency, legal sponsorship can be exercised as business management. However, if the party
if the management is not ratified within the deadline set by the judge, the manager is liable for the costs incurred and in
compensation for the damage caused to the opposing party or to the party whose management has been assumed. The order that sets the deadline for the

ratification is personally notified to the party whose sponsorship the manager assumed.

Judicial support
Judicial support / legal protection is provided for in Law No. 34/2004 of July 29.
Article 6 provides for the scope of protection covering the modalities of legal consultation and legal aid.
Legal protection is granted for specific legal issues or causes that are concrete or susceptible to concretization in which the
the user has a personal interest and that they concern rights that have been directly violated or are threatened with violation.

Access to Law and Justice is a right enshrined in the Constitution of the Portuguese Republic that aims to ensure
que a ninguém seja dificultado ou impedido, em razão da sua condição social ou cultural ou por insuficiência de meios
economic, or the knowledge and exercise or defense of their rights.
It is provided for in Article 20 of the CRP

The Access to Law System is based on a triangular model in which the decision to grant the benefit is the responsibility of
to the Social Security Institute, IP, which evaluates the economic conditions on which the granting of protection depends
legal assistance to citizens (Article 8, 8-A, 8-B of the mentioned law), to the Bar Association that carries out the appointment of

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Lawyers and the State, which is responsible for funding the system through the budget managed by the Ministry of
Justice.
Access to Law and Justice is a responsibility of the State, but it is the Portuguese Lawyers who ensure
the realization of this right throughout the national territory, fully fulfilling its social function of Lawyers
Providence.

What is the difference between having legal aid and being exempt from prior payment?
The exemption from the prior payment of the court fee does not relieve the procedural party benefiting from the settlement of

fee due in return for the use and provision of judicial services, constituting merely a
my deferral of your payment;
Under the terms of article 15 of the Procedural Costs Regulation, they are exempt from prior payment.
of the justice fee, the State, including its services and bodies even if personalized, the Regions
Autonomous entities and local authorities, when they are plaintiffs or defendants in administrative courts or
tax matters, except in contractual and pre-contractual administrative matters and relating to labor relations with the
employees, agents, and state workers. Also the plaintiff and the defendant, in the request for
civil compensation presented in a criminal process, when the respective amount is equal to or greater than 20 UC. The parties
in actions concerning the status of individuals and in juvenile jurisdiction processes.

However, the parties exempted from the prior payment of the court fee, regardless of final condemnation,
they must be notified, with the decision that resolves the main issue, even if subject to appeal,

Judicial aid is granted to the citizen for the payment of social costs by the State, due to their condition.
social or cultural or due to insufficient economic means to exercise the defense of their rights.

Give an example of a situation where there is an exemption from paying court fees?
Under the terms of Article 4 of the Court Fees Regulation, the following are exempt from court fees:
1. The Public Prosecutor's Office in the proceedings in which it acts in its own name in defense of the rights and interests that it

they are entrusted by law, even when intervening as an accessory party and in executions for costs and fines
procedural, fines or criminal penalties;
Any person, foundation, or association when exercising the right of popular action;
3. The judges and the members of the Superior Council of the Judiciary, of the Superior Council of the Public Ministry
to the Superior Council of Administrative and Tax Courts who are not judges, in any
actions in which they are involved by way of the exercise of their functions;

4. The members of the Government, local elected officials, general directors, secretaries general, inspectors general and
equated for all legal purposes and the other leaders and employees, agents and workers of
State, as well as those responsible for the mission structures, commissions, working groups and
project
5. Os partidos políticos;
6. Private non-profit legal entities, when acting exclusively within the scope of their
special assignments or to defend the interests that are specifically granted to him by the respective
statute

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7. Public entities when acting exclusively within the scope of their special responsibilities for defense
of fundamental rights of citizens or of diffuse interests that are especially granted to them by
respective statute;
8. Workers or family members, in labor law matters, when represented by
Public Ministry or by the legal services of the union, when they are free for the worker, as long as
that the respective net income at the date of the proposal of the action or incident or, when applicable, to
the date of dismissal should not exceed 200 UC;
9. Minors or their respective legal representatives, in appeals against decisions regarding the application, alteration or

cessation of protective measures applied in juvenile jurisdiction processes;

10. The accused detained, subject to preventive detention or to serving a prison sentence, in
prison establishment, when the court secretary has concluded its economic insufficiency
under the terms of the law on access to law and the courts, in any requests or oppositions, in habeas
body and in the resources filed in any instance, as long as the situation of imprisonment or detention is
keep at the time of due payment;
11. Minors, adults accompanied, absent, and uncertain when represented by the Public Ministry or
by appointed counsel, even if the proceedings take place in civil registry offices;
12. The agents of the security forces and services, in criminal proceedings for offense suffered in the exercise of their duties.

functions, or because of them;

13. The claimant and the defendant, in the request for civil compensation submitted in the criminal proceedings,

when the respective value is below 20 UC;

14. The Automobile Guarantee Fund, in the exercise of the right of subrogation provided for in the legal regime of insurance

mandatory civil liability for automobiles;

15. The Wage Guarantee Fund, in actions where it must intervene;
16. The Financial Stabilization Fund of Social Security, in the processes in which it intervenes in defense of
rights of workers, taxpayers, and the assets of the Fund;
17. The Pension Fund, in the processes where it intervenes in the defense of the rights of the members,
of the beneficiaries and of the assets of the Fund;

18. The municipalities, when proposing the judicial declaration of annulment provided for in the legal regime of

reconversion of urban areas of illegal origin, in place of the Public Ministry;

19. The executor and the claimants, when they need to file a claim for credits in the context of tax enforcement and
demonstrate that the court fee has already been paid in the civil enforcement process related to the same credits;

20. Civil or commercial societies, cooperatives, and individual establishments of liability

limited that are in insolvency or in the process of business recovery, under the terms of
law, except in relation to actions concerning disputes related to labor law;
21. The Institute of Financial Management of Social Security, in actions where it has to intervene in the capacity of
manager of the Guarantee Fund for Alimony Owed to Minors;
22. The shares, the bodies of the commons, and the Public Prosecutor's Office, in the disputes that, directly or indirectly, have

for vacant lots;

23. People who have been granted the status of victims of domestic violence.
24. The victims of the crimes of female genital mutilation, slavery, human trafficking, sexual coercion, and rape

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They are also exempt:
1. The mandatory remissions of pensions;
2. Urgent administrative processes related to pre-contentious electoral matters when it comes to elections for
sovereign bodies and regional or local government bodies and the summons for the protection of rights, freedoms
and guarantees;

3. All proceedings that must take place in the Court of Execution of Sentences, when the inmate is in
economic insufficiency situation.
4. The processes of liquidation and sharing of assets of social security institutions and trade unions and
of class.
5. The judicial processes of minors' trust, guardianship, adoption, and other similar nature aimed at
delivery of the minor to a qualified person, as an alternative to the institutionalization of the same;

6. The processes for monitoring minors.

7. Except in cases of economic insufficiency, under the law of access to rights and courts, the
exemption from costs does not cover reimbursements to the winning party for litigation costs, which, in those cases

cases, it supports.

Ineptitude of the PI, causes?

Under the terms of Article 558 of the Civil Procedure Code, the following facts are grounds for rejecting the initial petition:

a) Do not have an address or be addressed to another court, judge of the same court or authority;
b) Omit the identification of the parties;
c) Do not indicate the professional domicile of the legal representative;

d) Do not indicate the form of the process;

e) Omit the indication of the value of the cause;

f) It has not been proven that the prior payment of the due court fee or the granting of legal aid has been made;
g) Must not be signed;
h) Not written in Portuguese;
The paper used does not comply with regulatory requirements.
However, it is possible, according to article 559 of the CPC, to appeal the act of refusal to accept to the judge.
If the judge issues a ruling confirming the non-receipt, an appeal to the Court of Appeals is always possible.

There is still the possibility, provided for in Article 560 of the CPC, granted to the plaintiff when it comes to a case that does not

import the constitution of the representative, the party is not sponsored, and the initial petition is presented in
secretary or mail delivery, the author may submit another petition or attach the prior payment of the fee for
justice or the conception of legal aid, within the 10 days following the refusal of receipt or of
distribution of the petition, or the notification of the judicial decision that has confirmed it, considering the proposed action.

on the date when the first petition was submitted in court.

Imagine that a client brings you a highly complex initial petition to contest.
last day of the deadline. What do you do?

I would require an extension of the deadline under the terms of article 569, paragraphs 5 and 6.

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Indeed, the judge considers that there is a significant reason that prevents or unusually hinders the defendant or their
judicial representative for the organization of the defense, may, at their request and without prior hearing of the opposing party,

extend the deadline for the defense, up to a maximum of 30 days.

However, I would have to inform the client that there is a possibility that the judge may refuse, as the judge decides, without the possibility of

resource, within twenty-four hours and the secretariat immediately notifies the applicant of the decision made,
in the terms of the second part of paragraph 5 and paragraph 6 of article 172.

António arrives at his office with a 'letter', saying that his friend Zé is now coming to ask for everything

money that they have in a joint account. The joint account is for a business that both of them have and António

He says that half of that money is his. What is this 'letter'?

This letter is a citation provided for in article 563 of the CPC - The defendant is summoned to contest, being warned at the act of

citation of the consequence of the lack of contestation.

What are the effects of citation?

Under the terms of article 564 of the CPC, the effects of citation, in addition to others, especially prescribed by law, terminate the

good faith of the possessor; Stabilizes the essential elements of the cause, in accordance with article 260.
Prohibit the defendant from filing against the plaintiff a lawsuit aimed at assessing the same legal issue.

What is the deadline?

Under the terms of article 569 of the CPC, the defendant can contest within 30 days from the citation, with the deadline starting at

run from the end of the extension, when it is applicable; in the case of revocation of a dismissal order
The deadline for the defense begins with the notification in the 1st instance of that decision.
When the deadline for the defense by the various defendants ends on different days, the defense from all or from
each of them can be offered until the term of the deadline that started last.
If the author withdraws from the instance or the request regarding any of the defendants not cited, the defendants who have not yet

they responded to the notified withdrawal, counting from the date of notification the deadline for their contestation.

Can it be modified? With what arguments? What is the clause of the underlying provision relevant to the specific case?

Could we, in terms of articles 583 and 266 of the CPC, if the request for reconvention arises from the legal fact that serves as

basis for the action or defense; Or if my client intends to enforce the right to improvements or expenses
related to the item whose delivery is requested; or if my client seeks the recognition of a credit, whether to
to obtain compensation either to receive payment for the amount by which the invoked credit exceeds that of the plaintiff; or still

If my client's request is to achieve, for their benefit, the same legal effect that the author proposes to obtain.

{"text1":"In this case, what is the value of the counterclaim?","text2":"What are the cases in which the values of the counterclaim are combined?"}

According to article 583, paragraph 2 of the CPC, the counterclaimant must also declare the value of the counterclaim; if he does not do so, the

the counterclaim is not left unreceived, but the counterclaimant is invited to indicate the amount, under penalty of the counterclaim

not being attended. And article 299 number 2 of the CPC states that the value of the request made by the defendant or by the

The intervenor is only added to the value of the request made by the author when the requests are distinct, that is, it would be

the value of my client's counterclaim would be along with the Plaintiff's request if the requests were distinct. In case
the opposite would be only the value of the author's request.

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What are the means of defense in the contestation?
Under the terms of article 571 of the CPP, the Defendant may present a defense by objection as well as by exception.

The defendant defends himself by contestation when he contradicts the facts stated in the petition or when he claims that these

facts cannot produce the legal effect sought by the author

One defends by exception when alleging facts that obstruct the evaluation of the merits of the action or that, serving as a cause

impeding, modifying or extinguishing the right invoked by the author, determine the total or partial impropriety of the
order.

What is the deadline for Contestation. Submission outside the deadline. 3 days of penalty vs. Just impediment.

Under the terms of article 569 of the CPC, the defendant can contest within 30 days from the citation, starting the deadline at

to run from the term of the extension, when there is a need; in the case of revocation of a denial order
The deadline for the response starts with notification of that decision in the first instance.
When the deadline for defense by the various defendants ends on different days, the response from all or from
each of them can be offered until the end of the deadline that started running last.
The Defendant may still present their defense, pursuant to article 139 of the CPC, within the first three business days.
subsequent to the term of the deadline, with its validity dependent on the immediate payment of a penalty, set
in the following terms:
a) If the act is performed on the 1st day, the fine is set at 10% of the court fee corresponding to the process or act.
with a maximum limit of 1/2 UC;
b) If the act is performed on the 2nd day, the fine is set at 25% of the court fee corresponding to the process or act,
with a maximum limit of 3 UC;
c) If the act is performed on the 3rd day, the fine is set at 40% of the justice fee corresponding to the process or act,
with a maximum limit of 7 UC.
In addition to this faculty, you can still submit a defense outside the deadline, justifying the valid impediment in the
terms of Article 140 of the CPC.
A "just cause" is considered to be an event not attributable to the party or its representatives or agents that
prevents the timely practice of the act.
The party claiming the legitimate impediment must provide the respective evidence right away; the judge, after hearing the opposing party, admits the evidence.

applicant to carry out the act outside the deadline if considering the impediment verified and acknowledging that the party has presented

to request that he ceased.

It is officially known that the verification of the impediment occurs when the event referred to in paragraph 1 constitutes a fact.

notorious, in accordance with paragraph 1 of article 412, and the impossibility of performing the act within the deadline is foreseeable.

In a case, there were several defendants cited, and the deadline for each one's response was different. What?
law?
According to article 569, paragraph 2 of the CPC, when the deadline for defense by the various parties ends on different days

defendants, the defense of all or each of them may be presented until the end of the term that has begun to run
in last place.

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And in the case the action was brought against 3 defendants. The deadline for the defense of two had already passed.
And then the author abandons the claim against the third party. What is the law?

Under the terms of Article 569, paragraph 3 of the CPC, if the plaintiff withdraws from the instance or the request regarding any of the defendants

not cited, are the defendants who have not yet contested notified of the withdrawal, counting from the date of
notification of the deadline for your contestation.

Imagine that there is an action by a co-owner against the condominium and the co-owners of a building.
However, it is noted that one of the Defendants was no longer the owner of the unit at the time the proposition was made.

action and the new owner had not been called. What would you do?
Two hypotheses: I would deduce an incident of qualification of the buyer or I would withdraw the request regarding the Defendant and summon the

new owner.

What is the difference between dilatory and peremptory exceptions? What are the effects of each?
According to the terms of Article 576 of the CPC, dilatory exceptions prevent the court from addressing the merits of the case and provide

place for the acquittal of the instance or for the sending of the case to another court. These are legal procedural issues. They are

examples of these exceptions:

a) The incompetence, whether absolute or relative, of the court;

b) The nullity of the entire process;
c) The lack of personality or judicial capacity of any of the parties;
d) The lack of authorization or deliberation that the author should have obtained;

e) The illegitimacy of any of the parties;

f) The coalition of authors or defendants, when there is no connection required in article 36 among the requests;
g) The subsidiary subjective plurality, outside the cases provided for in article 39.
h) In the absence of the appointment of a lawyer by the plaintiff, in cases where the appointment of a lawyer is mandatory

lawyer and the absence, insufficiency or irregularity of the court mandate by the attorney who proposed the action;
i) Lis pendens or res judicata.
The peremptory exceptions result in the total or partial dismissal of the claim and consist of the invocation of facts that
we hinder, modify or extinguish the legal effect of the facts articulated by the author.

Is the counterclaim part of the defense? What is the purpose of the counterclaim? And how does the plaintiff ...

defend? Through what article?

Yes, the counterclaim is part of the defense, but according to article 583 of the CPC, the counterclaim must be

explicitly identified and deduced separately in the defense, outlining the grounds and concluding
For the request, in the same terms as the PI, that is to separate the facts from the request.

The counterclaim serves the Defendant

terms of paragraphs d) and e) of no. 1 of article 552.

2 - The counterclaim must also declare the value of the counterclaim; if it does not do so, the defense will still be accepted.
but the counterclaimant is invited to indicate the value, under penalty of the counterclaim not being granted.

3 - When the continuation of the counterclaim is dependent on any act to be performed by the counterclaimant, the
the reconvener is absolved from the instance if, within the established timeframe, such act is not shown to have been carried out.

The counterclaim serves for the defendant to assert claims against the plaintiff, in accordance with Article 274 of the CPC, and is admissible:

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a) When the defendant's request arises from the legal fact that serves as the basis for the action or defense;

b) When the defendant proposes to enforce the right to improvements or expenses related to the property for which delivery is due to them.

order;
c) When the defendant intends to recognize a credit, whether to obtain compensation or to obtain the
payment of the amount in which the invoked credit exceeds that of the author;

d) When the defendant's request aims to achieve, for their benefit, the same legal effect that the plaintiff proposes to obtain.

Note that a counterclaim is not admissible when the defendant's request corresponds to a form of process.
different from what corresponds to the author's request, unless authorized by the judge, as provided in paragraphs 2 and 3 of
Article 37, with the necessary adaptations.
If the counterclaim involves other parties that, according to the general criteria applicable to plurality of
parts, may associate with the plaintiff or the defendant, the defendant may raise the respective intervention.
In the case provided for in the previous number and not concerning necessary joint litigation, if the court believes that, does not
Despite verifying the requirements for the counterclaim, there is a serious inconvenience in the instruction, discussion, and judgment.

sets, determines in a reasoned dispatch the acquittal of the instance regarding the counterclaim request of
who is not a primitive part in the cause, applying the provisions of paragraph 5 of article 37.
The impropriety of the action and the acquittal of the defendant in the instance do not prevent the consideration of the counterclaim.

regularly deducted, unless it is dependent on that submitted by the author.

The author defends himself through the rebuttal.

Difference between acquittal of the instance and acquittal of the request?

In the case of acquittal, the legal procedural relationship is solely extinguished, but the legal relationship
substantial remains intact, and may be subject to new action. The acquittal sentence from the instance does not lead to
a case judged materially, but only formally, which does not prevent the same issue from being raised in another action
The procedural matter should be decided in different terms.

The acquittal of the defendant from the request is when the sentence, ruling on the merits of the case, dismisses the request of the
author of the action.

What are admonitory interpellations?

The admonitory interpelação consists of a formal summons from the creditor to the delinquent debtor, to fulfill the
obligation within a specified period, with the express warning that the obligation shall be considered as
definitely unfulfilled.

Transaction?
According to the terms of article 283, paragraph 2 of the CPC, it is lawful for the parties, at any stage of the proceedings, to settle on the subject matter of.

cause.
The transaction has the effect of terminating the cause in the exact terms in which it is carried out.

According to the terms of Article 288 of the CPC, in the case of voluntary litisconsortium, confession, withdrawal, and settlement are free.

individual, limited to each one's interest in the cause and in the case of necessary co-litigation, the confession, the waiver
or the transaction of any of the litisconsorts only produces effects regarding costs, following the provisions of paragraph 2 of

Article 528.

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Confession, withdrawal, or transaction that implies the affirmation of the will of the parties regarding this is not permitted.

indisposable rights.
However, the withdrawal from divorce and separation actions of people and assets is free.
Under the terms of Article 290 of the CPC, confession, withdrawal, or settlement can be made by authentic document.
or particular, without prejudice to the requirements of form of substantive law, or by term in the process.
The term is taken by the secretary at the simple verbal request of the interested parties.

The term is drafted or the document is attached, it is examined whether, by its object and by the quality of the people involved in it.

The interview, the confession, the waiver or the transaction is valid, and if so, it is declared as such by sentence,
condemning or acquitting itself in its precise terms.
The transaction can also take place in a record when it results from a conciliation obtained by the judge; in such case, this is limited to

to ratify it by a sentence recorded in the minutes, condemning in the respective terms.

What would happen in the event of a breach of the transaction?

The homologating sentence of the transaction agreement would be an executive title to proceed to the executive action.
in accordance with the provisions of article 703 number 1 letter a).

Imagine that you are in a lawsuit and on the day of the trial you reach an agreement with the attorney of the party.

opposite. They agree to reduce the request to X euros. Add the transaction to the minutes.
I asked for the word and dictated:

Having the parties reached an agreement regarding the litigation of the present action, they request the approval of the following

transaction:
1. The author reduces the claim to the net amount of € 8,000.00.

2. The debtor will pay the referred amount in 16 monthly and successive installments of €500.00 each,
winning the first on the next 20th of December and the others until the same day of each of them
subsequent months.
3. These amounts will be paid by bank transfer to the author's account whose NIB the Illustrious Patron
will inform the Distinguished Counsel of the Defendant within 5 days
4. The failure to pay any of the installments for more than 10 days from the respective date
Payment implies the immediate due of the remaining amounts due as well as the payment by the party.
of the amount of € 2,000.00 as a penalty clause.
5. With the receipt of such amount, neither the Plaintiff nor the Defendant has anything more to receive from each other for

force of the employment contract that united them.

6. Costs in equal parts, exempting the parties from costs without prejudice to legal aid.
I request approval.

Sentence with spelling error, correction of material errors

According to the terms of article 614 of the CPC, if the sentence omits the name of the parties, is silent regarding costs, or the

condemnation of those responsible for the costs, or contain writing or calculation errors or any inaccuracies
Due to another omission or manifest lapse, it can be corrected by simple order, at the request of anyone.
the parties or by the initiative of the judge.

11
In the event of an appeal, the correction can only take place before it is filed, and the parties may present their arguments before the court.

Superior to what they understand of their right regarding the rectification.

If neither party appeals, the rectification can take place at any time.

What is the difference between the common process and the special process?

Under the terms of article 546, the process may be common or special. The special process applies to cases
expressly designated by law; the common process applies to all cases that do not correspond to a process
special.

Specify which precautionary procedures are specified.

The specified precautionary procedures are provided for in article 377 and the following articles of the CPC. In this type of

precautionary procedures do not require the founded fear required in unspecified precautionary procedures.
The specified precautionary measures are:
Provisional restitution of possession;
2. Suspension of social deliberations
3. Provisional foods
4. Arbitration of provisional compensation
5. Arrest
6. New construction embargo

7. Roll Call

The inversion of the contentious in precautionary measures

In accordance with Article 369 of the CPC, upon request, the judge may, in the decision that grants the measure,
exempt the applicant from the burden of proposing the main action if the matter acquired in the procedure allows it
to form a secure conviction regarding the existence of the protected right and if the nature of the decreed measure is
suitable for reaching a final settlement of the dispute.
The exemption from the obligation to file the main action can be requested until the closure of the final hearing.
But if it is a procedure without prior contradiction, the defendant may oppose the inversion of the contentious matter.

together with the challenge to the decree granted.

If the protected right is subject to expiration, it is interrupted by the request for reversal of the litigation.
restarting the deadline from the final judgment of the decision that denies the request.

New construction embargoes

Under the terms of Article 397 of the CPC, a person who believes they have been wronged in their right to property, singular or

common, in any other real or personal right of enjoyment or in its possession, as a result of work or labor,
new service that causes or threatens to cause harm, may request, within 30 days from the date of knowledge
do facto, que a obra, trabalho ou serviço seja mandado suspender imediatamente.
An embargo can also be made directly through extrajudicial means, notifying verbally, in front of two
witnesses, the owner of the work, or, in their absence, the foreman or whoever replaces them to not continue. However, have
Attention that the embargo will be ineffective if, within five days, the judicial ratification is not requested.

12
In accordance with Article 400 of the CPC, the extrajudicial appeal is made or ratified by means of an official record, which describes,

meticulously, the state of the work and its measurement, when possible; the owner of the work is notified or, in their absence,

the person in charge or their substitute, to not continue.

The document is signed by the employee who drafts it and by the owner of the work or by whoever is in charge, if the owner is not present.

present; when the owner of the work cannot or does not want to sign, two witnesses intervene.
The embargor and the embarged may, at the time of the embargos, have photographs of the work taken, to be attached to the
process; in this case, it is the fact recorded in the report, with the indication of the photographer's name.

Arrest: contradictory of the requested

The Arrest is provided for in articles 391 and following of the CPC and articles 619 of the CC.

The creditor who has justified fear of losing the asset guarantee of their credit may request the seizure of goods.
of the debtor.

The arrest consists of a judicial seizure of assets, to which the provisions related to attachment apply.
The applicant of the arrest presents the facts that make the existence of the credit likely and justify the invoked fear.
relating to the goods that must be seized.
Examined the produced evidence, the seizure is decreed, without hearing the opposing party, as long as it is shown
legal requirements fulfilled.
If the arrest has been requested on more assets than sufficient for the normal security of the credit, it is reduced to
guarantee to the just limits.
The arrested person cannot be deprived of the income strictly necessary for their and their family's sustenance.
that are set for you in accordance with the terms provided for provisional alimony.

The applicant for the arrest is required to provide a bond, if this is demanded by the court.
If the seizure is judged unjustified or expires, the applicant is responsible for the damages caused to the seized party.
when one has not acted with normal prudence.
The acts of disposal of the seized assets are ineffective with regard to the applicant of the seizure, in accordance with the

specific rules of attachment.

The other effects of the seizure are also applicable to the arrest.
Regarding the opposing party, since the seizure applies the rules of attachment, the seized party may object to the
arrest in accordance with article 784, no. 2

What are the assumptions of the Arrest?

Arrest is a specified precautionary procedure provided for in Article 391 and following of the CPC and Article 619 and

following the CC.

The arrest consists of a judicial seizure of assets, to which the provisions related to garnishment apply. The creditor
In order to request the seizure of the debtor's assets, there must be a justified fear.
The applicant for the seizure presents the facts that make the existence of the credit likely and justify the invoked fear.
relating to the goods that should be seized, with all the necessary indications for the execution of the procedure.
Having examined the produced evidence, the seizure is decreed, without a hearing from the opposing party, as long as it is shown

legal requirements fulfilled.

If the seizure has been requested on more assets than sufficient for the normal security of the credit, it is reduced to
guarantee to just limits.
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Imagine that there is a company that hires an architect to create a subdivision and does not pay him.
que paga para o próximo mês, que as finanças não andam bem e vai passando o tempo e nunca mais
pay. Meanwhile, he knows that the company has been selling some valuable assets. The architect asks him the

What can you do?

Specific precautionary procedure of Arrest, provided for in Article 391 and following of the CPC and Article 619 and following of

CC, citing the legitimate fear of loss of assets. I infer the facts that show the existence of the credit and
I relate the assets that must be seized, with all the necessary indications for the execution of the diligence.

Is the arrest immediately ordered? Is there to be a trial?

There is no judgment. Under the terms of article 393, paragraph 1, after examining the evidence produced, the seizure is

decreed without hearing the opposing party.

And then what needs to be done? And within what timeframe?

In accordance with Article 371 of the CPC, as soon as the decision that has decreed the precautionary measure becomes final.
in the inverted contentious, it is the defendant who is notified, with the warning that, if they wish, they must file the action

designed to challenge the existence of the secured right within 30 days following the notification, under penalty of
provision decreed to consolidate as definitive composition of the dispute.
Atenção que no arresto não se aplica o regime da inversão do contencioso, por remissão do artigo 376, o qual
It prescribes that the same rules that apply to common procedures also apply to the specified precautionary measures.

According to article 376, paragraph 2, which refers to article 374, paragraph 2, the Judge may also request a bond from the

applicant before ordering the seizure.

What if it were a couple, where one of the spouses comes to tell the other that they are afraid the other will waste the assets?

Is it necessary to invoke justifiable fear or is it presumed?

Specific precautionary procedure of arrest provided for in article 403 and following of the Civil Procedure Code

The applicant provides a summary proof of the right related to the assets and the facts on which they base the fear of their loss.

or dissipation; if the right related to the assets depends on action brought or to be brought, the applicant must convince
the court of probable jurisdiction of the corresponding request.
Once the evidence deemed necessary is produced, the judge orders the measures if they acquire the conviction that,
Without the listing, the applicant's interest is at serious risk.
In the respective dispatch, the appointment of a custodian and also of an appraiser is immediately made, who is exempted from

oath.
The special listing provided for in Article 409 of the CPC is a preliminary matter or an incident of the judicial separation action.

of people and goods, divorce, declaration of nullity or annulment of marriage, either spouse may request
the inventory of common assets, or of personal assets that are under the administration of the other.
If there are abandoned assets, due to the absence of their owner, due to the inheritance being uncared for, or for another reason, and

becoming necessary to safeguard against loss or deterioration, they are collected judicially, through inventory.
In these proceedings between couples, it is not necessary to invoke justifiable fear, as it is assumed.

What is the difference between attachment and seizure?

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In the inventory, the basis is the asset guarantee of a credit. In the inventory, what is intended is the
conservation of goods or documents.

Imagine that the company comes to say by peremptory exception that the architect still owes it.
money to her.
The architect would have to reconvene and not defend himself by exception.

Can precautionary measures be decreed without the contradictory of the requested party?
Yes, they can. According to Article 366 of the CPC, the court hears the defendant, except when the hearing puts in
serious risk the end or the effectiveness of the provision. When heard before the decree of the provision, the requested party.
is summoned to deduce opposition, with the summons being replaced by notification when they have already been summoned for the case

principal. Due to being urgent processes, the extension, when applicable under the terms of article 245, can never
exceed the duration of 10 days. There is no need for a public notice citation, and the judge should dispense with the hearing of the respondent,

when ensuring that the personal citation of this is not viable. The default of the defendant who has been cited has the
effects anticipated in the common declaration process. When the respondent is not heard and the provision comes to be
decreed, only after its execution is notified of the decision that ordered it, applying to the notification the prescribed
regarding the citation. If the action is filed after the defendant has been cited in the precautionary procedure, the proposition

it produces effects against him from the presentation of the initial petition.

If I wanted to prevent the morning mail from publishing a defamatory news article about my client in
tomorrow's edition, what mechanism was used.
I would request the issuance of the precautionary measure for the protection of personality according to article 878 and following.

do CPC.
Article 878
Assumptions
It may be required to decree the specific measures adequate to prevent the consummation of any
illegal and direct threat to the physical or moral personality of a human being or to mitigate, or to cease, the effects of
offense already committed.

Applicable regime for the precautionary procedure for provisional remedy. Appeals, effects of the appeal,

when a deposit can be provided, etc.

The precautionary procedure for provisional repair is provided for in articles 388 and following of the CPC.

It may be required as a dependency of the action for compensation based on death or bodily injury.
injured parties, as well as the holders of the right referred to in paragraph 3 of Article 495 of the Civil Code, request the

arbitration of a certain amount, in the form of monthly income, as provisional compensation for the damage.

The judge grants the requested measure provided that a situation of necessity is verified as a consequence of the
damages suffered and there is an indication of the existence of an obligation to compensate on the part of the defendant.

The provisional settlement, to be allocated in the final settlement of the damage, is equitably determined by the court.

The provisions in the previous numbers also apply to cases where the indemnity claim is based on
damage likely to seriously jeopardize the livelihood or housing of the injured party.

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The same provisions that apply to the precautionary measure regarding alimony apply to this precautionary procedure.
provisional, with the necessary adjustments.
In the absence of voluntary payment of the provisionally determined compensation, the decision is immediately enforceable.

following the terms of special execution for alimony.

If the granted provision expires, the applicant must return all benefits received, according to the terms
provided for the enrichment without cause.
The final decision, rendered in the compensation action, when it does not arbitrate any compensation or award compensation.
Inferior to the provisionally established, always condemns the injured party to return what is owed.

Is the precautionary measure for the restitution of movable goods specific or common?

It is a common precautionary measure, as it is not typified.

Difference between summary procedure and ordinary procedure in the executive process

According to Article 550 of the CPC, the execution process follows the common process for payment of amounts.
certain, and can follow the form of ordinary or summary.
The summary process is used in executions based on:
1. In arbitral or judicial decision in cases where it should not be executed in the same process;
2. In an injunction request to which an enforceable formula has been attached;
3. In an extrajudicial title of overdue monetary obligation, secured by mortgage or pledge;
4. In an extrajudicial title of overdue monetary obligation whose value does not exceed twice the jurisdictional limit of the court.

1st instance.
However, the summary form is not applicable:
1. In alternative or conditional obligations;
2. When the obligation still has to be settled in the enforcement phase and the settlement does not depend on simple
arithmetic calculation
3. When, having an enforceable title other than a judgment only against one of the spouses, the creditor claims the
communicability of the debt in the executive request;
4. In executions filed only against the secondary debtor who has not waived the benefit of the
preliminary hearing.
If it is a common process for the delivery of a specific thing and for the provision of fact, it will follow a unique form.

Is the seizure made prior in the summary process?

Yes. Under the terms of Article 855 of the CPC, the enforcement request and the documents that accompany it are

immediately sent electronically, without prior court order, to the designated bailiff
that initiates the consultations and preliminary measures before the seizure, which takes place before the summons of the defendant.

What is the difference between debtor's objections and third-party objections?

In the appeals of the executed party, it is the executed party itself who opposes the execution within 20 days from the citation.

in the terms of article 728 of the CPC. The third-party objections provided for in article 342 of the CPP involve a third party, who is not

party in the case that opposes the seizure, or any judicially ordered act of apprehension or delivery of goods,
that offends possession or any right incompatible with the execution or scope of the diligence.
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However, be aware that the deduction of third-party objections regarding the seizure of assets is not allowed.
in the insolvency process.

If the debtor's objections are deducted, does the execution suspend? And what if the enforcement agent sells the property?

Without a decision, can you do it?

According to Article 733 of the CPC, the acceptance of the appeal suspends the continuation of the execution if:
a) The appellant must provide security;

b) In the case of execution based on a private document, the opposing party has challenged the authenticity of
respective signature, presenting a document that constitutes a preliminary proof, and the judge understands, having heard the

embargoed, which justifies the suspension without the provision of a guarantee;

c) If the enforceability or the settlement of the enforceable obligation has been challenged within the scope of the opposition raised, and the

the judge considers, having heard the opposing party, that the suspension without the provision of a bond is justified.

d) The opposition is based on any of the situations provided for in item e) of article 696 of the CPC, that is,
having carried out the process in absentia, due to the absolute lack of intervention by the defendant, which shows that there was a lack of citation or that it is

null to the citation made, or the defendant was unaware of the citation due to a fact that is not attributable to him, the defendant cannot

present the defense due to force majeure.

The enforcement agent cannot sell the property because if the disputed enforcement proceeds, neither the plaintiff nor
any other creditor can obtain payment, while the appeal is pending, without providing a guarantee.
If the seized property is the de facto residence of the claimant, the judge may, at their request, determine
that the sale awaits the decision issued at first instance on the objections, when such sale is susceptible to
cause serious and hardly reparable harm.

What is the impact of the citation on the executed in the summary process?

According to Article 856 of the CPC, the executed party is only served for enforcement after the seizure has been made.

notified of this simultaneously. Within 20 days, the debtor must file objections to the execution, in
terms of article 728 of the CPC, combined with the opposition to the seizure under the terms of article 784 of the CPC.

The citation of the executed party must take place at the very moment of the seizure, whenever they are present; if they are not, the

the citation is carried out within five days, counted from the execution of the seizure.
The executed party opposing the execution may, in the opposition, request the substitution of the seizure with a suitable bond.

which equally guarantees the ends of the execution.

In a citation to deduce opposition to the execution, assuming that a defendant is notified on the 14th and
How do you count the deadline starting from the 19th?

Under the terms of Article 728, the defendant may oppose the execution through objections within 20 days from the citation.
Having multiple defendants, they do not take advantage of each other's deadlines contrary to the provisions of paragraph 2 of article 569.

Can you indicate witnesses for the first time under article 598, no. 2, since your client
When you were at the PI, did you have no one to guide you?

No. The witnesses must be indicated along with the respective document. What this article prescribes is 'The list of'
witnesses can be amended or changed up to 20 days before the date on which the final hearing takes place, being the

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the opposing party is notified to use, if they wish, the same facility within a period of five days." In other words, it tells us only

What we can change or add, do not indicate! It is presumed that the list already exists.

If we request the joining of documents in the incident of contradiction, a fine is applicable for submission.

tardy?
No, because the document was used to contradict a witness and not any subject of evidence in the case, hence no.
be part of the evidentiary request.

Does a Contradita pay court fees? Why?

Yes, in accordance with Article 7 of the Court Costs Regulation, as it is an incident that arises in
normal development of the dispute

Submit a request for confrontation.

The confrontation is provided for in article 523 of the CPC.

If there is direct opposition regarding a certain fact, between the testimonies of the witnesses or between them and the

The testimony of the party may take place, ex officio or upon request of either party, the confrontation of
people in contradiction.
When the people are present, the confrontation takes place immediately; when they are not, a day is scheduled for the procedure.
If the people to be confronted have testified by means of a letter rogatory in the same court, it is to the court that is requested that

It is incumbent to carry out the diligence, unless the judge of the case orders the appearance before him of the persons involved.

to assess, weighed or the sacrifice that the displacement represents.

If the testimonies must be recorded or registered, the result of the confrontation is likewise recorded.
I would ask for the floor and then dictate: "Considering that the testimonies of witnesses X and Y are in notorious contradiction, I request-

the immediate confrontation of the same under the terms of article 523, 524, no. 1 of the CPC, as it is important and essential for

the discovery of the truth and the fair resolution of the dispute

And if the judge denies it and then says he doesn't want her in the room anymore, what should she do?

It will appeal under the terms of article 150, paragraphs 4 and 6 of the CPC, in the very hearing.

What are the effects?

Suspensive effect and with urgent character.

The article prescribes the following:

Article 150
Maintenance of order in procedural acts
1 - The maintenance of order in procedural acts is the responsibility of the judge presiding over them, who takes the...

necessary measures against those who disturb its execution, which may include, in particular, depending on the gravity
from the infraction, to gently warn the offender, to take away their word when they stray from the respect due to the court
or to the current institutions, fine him or make him leave the place, without prejudice to the criminal procedure or
disciplinary action that applies in this case.

2 - The use of expressions and imputations essential to the defense of the case is not considered illicit.
3 - The magistrate records in the minutes, in a specified manner, the acts that determined the provision.

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4 - Whenever the word lawyer, intern lawyer or magistrate of the Public Ministry is removed, it is,
depending on the cases, given detailed knowledge of the fact to the Bar Association, for disciplinary purposes,
or to the respective hierarchical superior.
5 - The decisions referred to in paragraph 1, except for the warning, are subject to appeal, with a suspensive effect of the decision.

6 - Without prejudice to the provisions of the previous number, the appeal of the decision that removes the word from a legal representative or

The order to remove from the location where the act takes place also has a suspensive effect on the process and must be processed.

as urgent.
7 - To maintain order in the procedural acts, the court may request, whenever necessary, assistance from
public force, which is subject to the direction power of the judge presiding over the act.
In a hypothetical case, at the door of the courtroom, after the roll call, our client tells us that a certain
the person is there to be heard as a witness for the opposing party, but has no knowledge of the facts
because it was not present. What should we do?
In accordance with articles 521 and 522 of the Civil Procedure Code, a probative incident of contradiction should be deduced immediately.

that the testimony of the witness would end.

You should first ask for the floor and contradict, citing any circumstance capable of undermining the credibility of the
testimony, whether by affecting the reason of the science invoked by the witness, or by diminishing the faith that she might have

to deserve
If the contradiction is received, the witness is heard on the alleged matter; when this is not confessed, the
part can prove it by documents or witnesses, not being able to produce more than three witnesses.
The witnesses on the matter of the objection must be presented and questioned immediately; the documents
may be presented until the moment when a decision on the facts of the case should be made.
Be aware that it could also deduce an incident of challenge, right after the preliminary interrogation. If it left the
the witness should testify, yes, it would be necessary to deduce the incident of the objection.

In question is an action between two commercial companies, in which the opposing party, by me
the sponsored had listed Mr. X, the manager of this company, as a witness. As the representative of
Should the opposing party do something?
Should deduce the incident of challenge against witness X, right after the preliminary interrogation according to the terms
from articles 513, 514, and 515 of the CPC on the grounds that the managers are part of the process and cannot therefore
depose as witnesses, in accordance with article 496 of the CPC.

Imagine that during the trial, in the testimony of a witness, your client tells you that it is all
the witness is lying, that she was not there on the day and at the place of the events and that she has
a witness who can prove this. What does (he/she/they) do?
I would require a rebuttal in accordance with the terms of articles 521 and 522 of the CPC as soon as the witness's testimony ended.

Now imagine that the witness was not present. Can you present her later?
No. The witnesses regarding the matter of the contradiction are presented and questioned immediately according to the
Article 522, nº3 of the CPC.

Notification of witnesses Vs Presentation of Witnesses;

19
According to Article 507, witnesses are presented by the parties, unless the party who indicated them requests otherwise.
with the presentation of the list, its notification for appearance or if they are questioned via teleconference.

Can you change the list of witnesses?

Yes. In the case of the plaintiff: According to Article 552, paragraph 6 of the CPC, if the defendant contests, the plaintiff is allowed to amend the

evidentiary request initially submitted, which can be done in the reply, if there is a place for it, (that is, if
to present a counterclaim) or within 10 days from the notification of the defense.
For both author or defendant: they can, according to Article 598 of the CPC, change at the preliminary hearing, if this takes place. If

not having a preliminary hearing can change or add to the list of witnesses up to 20 days before the date of the final hearing,

the opposing party notified to exercise the same option within 5 days.
If they alter or add to the parts, they must present the witnesses.

How is the questioning of witnesses conducted?

Under the terms of article 512 and following, the witnesses are gathered in a room, from where they go out to testify in order.
in which they are mentioned in the list, first those of the author and then those of the defendant, unless the judge determines that the

the order may be changed or the parties may agree on the change.
However, in the case that a witness is an employee of the secretary's office, he is the first to testify, even if he has been
offered by the defendant

The judge, after observing the provisions of article 459, that is, after the witness has taken an oath, seeks
identify the witness and ask if he is a relative, friend, or enemy of any of the parties, if he is in relation to them
in any relationship of dependence and if there is direct or indirect interest in the cause.

When checking the answers that the declarant is unfit to be a witness or that they are not the person they claimed to be.
offered, the judge does not allow her to testify.

Fundamentals of the challenge

The party against whom the witness has been produced may challenge their admission on the same grounds as
that the judge must prevent the testimony when the preliminary interrogation is finished.

If the challenge is accepted, the witness is questioned about the facts, and if they do not confess, the...
the challenger must prove it through documents or witnesses that they present at this act, and may not produce more than

three witnesses.
The judge then decides immediately whether the witness should testify.
The witness testifies accurately about the subject matter of the proof.
The interrogation is conducted by the lawyer of the party who presented the witness, and the lawyer of the other party may...

to provide him, regarding the facts on which he has testified, the necessary instances to complete or clarify the
depoimento.
The judge must prevent the lawyers from treating the witness disrespectfully and from asking them questions or

impertinent, suggestive, misleading, or vexatious considerations.

The interrogation and the instances are conducted by the representatives of the parties, without prejudice to the requested clarifications.

by the judge or to this power to ask the questions that they deem appropriate for ascertaining the truth.
The judge invokes the interrogation when it is deemed necessary to ensure the witness's tranquility or to put
term to inconvenient instances.

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The witness, before answering any questions asked of them, may consult the process, demand that they be provided with
to show certain documents that exist within it, or to present documents intended to corroborate it
testimony; only documents that the respective party could not have submitted are received and included in the process.

Imagine that a client, 10 days before the hearing, tells you that a witness has to travel and cannot attend.

be present at the final hearing. Can you replace her?

Yes, I can. Assuming it's a trip from which there will be a return in a few weeks:
The witness could testify at a later time.
If it is certain that article 598 number 2 of the CPC states that the list of witnesses can be amended or altered up to 20 days
before the date on which the final hearing takes place, with the opposing party being notified to use, if they wish, of the same

college, within five days, article 508 number 1, number 3 letter b) of the CPC also prescribes another opportunity after
this period. In fact, the party also has the option to substitute or postpone the questioning of the witness who is
temporarily unable to be found.

What is the official inquiry?

It is the faculty that the judge has, under the terms of article 526 of the CPC, during the course of the action, if there are reasons to presume that

a certain person, not offered as a witness, has knowledge of important facts for the good decision
of the cause, the judge must order that she be summoned to testify.
The testimony only takes place after five days have passed, if any of the parties requests the setting of a deadline for the
inquiry.

Proof regime in the Civil Code. Valuation of proof. Principle of free appreciation.
According to Article 413 of the CPC, the court must take into account all evidence produced, whether or not
emanating from the part that should produce them.

Regarding the valuation confession – article 358 CC:

The written judicial confession has full probative force against the confessor, according to Article 358 of the Civil Code.

The extrajudicial confession, in authentic or private document, is considered proven under the applicable terms.
documents and, if made to the opposing party or to someone representing them, has full evidential force.
The extrajudicial confession not contained in a document cannot be proven by witnesses in cases where it is not.
The testimony is admissible; when it is admitted, the probative force of the confession is freely assessed.
by the court.
The judicial confession that is not written and the extrajudicial confession made to a third party or contained in a will are
freely appreciated by the court.

Regarding authentic documents - Article 371 CC

Os documentos autênticos fazem prova plena dos factos que referem como praticados pela autoridade ou oficial
respective public, as well as the facts that are attested within them based on the entity's perceptions
documenter. If the document contains merged words, truncated words, or words written over erasures or between lines,
Without the due reservation, the judge shall freely determine the extent to which the external flaws of the document are excluded.

you reduce your evidentiary strength.

21
The evidential force of authentic documents can only be contradicted based on their falsity. The document is false,
when it is attested that any fact that was the object of the perception of the authority or public official was in
reality has not been verified, or as if any act had been carried out by the responsible entity that in reality
it was not. If the falsity is evident in light of the external signs of the document, the court may, ex officio,
declare it false.

Regarding private documents - article 376

The private document whose authorship is recognized serves as full proof regarding the statements attributed to its author.
without prejudice to the challenge and proof of the document's falsity.

The facts included in the declaration are considered proven to the extent that they are contrary to the interests.
of the declarant; but the declaration is indivisible, in the terms prescribed for proof by confession.
If the document contains marginal notes, underlined words, erasures, amendments, or other external defects, without the
With due reservation, it is up to the judge to freely set the measure in which these vices exclude or reduce strength.

probation of the document.

Describe a judicial inspection and its evidential value.

Judicial inspection is provided for in Article 490 and the following of the CPC.

The court, whenever it finds convenient, may, on its own initiative or at the request of the parties, and with reservation
from the intimacy of private and family life and human dignity, to inspect things or people, in order to clarify
about any fact that is relevant to the decision of the case, being able to go to the location of the issue or to order an investigation to be conducted

the reconstruction of the facts, when deemed necessary.

It is incumbent upon the party requesting the diligence to provide the court with the means necessary for its execution, unless it is.

exempt or waived from the payment of fees.

The parties are notified of the date and time of the inspection and may, on their own or through their lawyers, present to the court the

esclarecimentos de que ele carecer, assim como chamar a sua atenção para os factos que reputem de interesse para
the resolution of the case.

The court is allowed to be accompanied by a person who has the competence to clarify the investigation and
interpretation of the facts that it proposes to observe.

The technician is appointed in the order that mandates the diligence and must appear at the final hearing.
The diligence is recorded in a document that registers all useful elements for the examination and decision of the case, being able to

the judge orders that photographs be taken to be attached to the case.

Regarding the probative value under articles 390 and 391 of the Civil Code, inspection evidence aims to achieve perception.
direct evidence by the court and the result is freely evaluated by the court.

When is the Urgent Citation used?

Under the terms of Article 561 of the CPC, the plaintiff may request urgent citation. If the judge considers it justified, he may determine

that the Defendant be cited urgently. The citation declared urgent takes priority over the others, namely
regarding the execution of diligences carried out by the secretary in accordance with the following article. It is the responsibility of the

The secretary shall take the necessary steps to summon the defendant.
The urgent citation must be used to avoid the prescription of a right provided for in number 300 and following of the Civil Code.

22
Under the terms of article 323 of the Civil Code, the statute of limitations is interrupted by a citation or judicial notification (or judicial notification.

any act that expresses, directly or indirectly, the intention to exercise the right, whatever it may be.
process to which the act belongs even if the court is incompetent.
If the citation or notification is not made within five days after it has been requested, due to reasons not attributable to
The claimant has the prescription interrupted as soon as five days have passed.
Even if the citation or notification is annulled, it does not prevent the interruptive effect.
It is equivalent to the citation or notification, for the purposes of this article, any other judicial means by which it is given

knowledge of the act against whom the right can be exercised.

This would be a procedure we could take if we were in the middle of August (judicial holidays) and there was a...
statute of limitations that ended during this period. However, if it were a period of expiration, nothing could be done
because the expiry has no causes of interruption or suspension.

What is the difference between a statute of limitations and a period of expiration?

Prescription and expiration are regulated in Article 298 of the Civil Code, which states that they are subject to prescription,

your non-exercise during the time frame established by law, the rights that are not unavailability or that the law
do not declare exempt from prescription.

When, by force of law or by the will of the parties, a right must be exercised within a certain period, the following apply:
the rules of caducity, unless the law expressly refers to prescription.
Regarding Lapse:
It is referred to in paragraph 2 of article 298 and regulated, as a general institute, in articles 328 to 333 of
Civil Code.
O regime jurídico da caducidade admite a criação de situações especiais de caducidade, a modelação convencional
the legal consequences or even the waiver of expiration through a contractual agreement (Article 330 of the Civil Code).
The expiration implies the definitive extinction of the right (and of the corresponding duty), which does not persist, not even as a title of

natural obligation.
The occurrence of caducity results in the dismissal of the request in judicial actions, and it may be recognized.
officially by the court, since it does not need to be invoked by the person for whom it is beneficial, as stated in paragraph 1

of article 333 of the Civil Code. However, in cases where the expiration is within the control of the parties
(that can modify the legal regime or provide for situations not covered by the law), can no longer be acknowledged.
ex officio by the court and needs to be invoked by the beneficiary (no. 2 of article 333 of the Civil Code).
The expiration periods start running from the moment the right could be exercised. It is usual for the
Legislator to set the date from which the deadline for expiration begins to run (for example, the case provided for in paragraph 1)

of article 287 of the Civil Code). The expiry of the limitation period cannot, in principle, be suspended or
interrupted.
Regarding the prescription:
The passage of time has repercussions on legal relationships, being subject to prescription due to their non-exercise.
during the time period established by law, rights that are not unavailable or that the law does not declare exempt
of prescription (article 298, no. 1 of the Civil Code).

23
If the creditor becomes disinterested during a certain period of time in exercising their right, they become disinterested.

also, the legal order, losing the right to its coercive force and ceasing to be a civil obligation to be
just a natural obligation.
The obligation is said to be natural when it is based on a mere duty of moral or social order, whose fulfillment is not

judicially enforceable, but corresponds to a duty of justice (Article 402 of the Civil Code).
Put in other words and in more common language, prescription does not mean disappearance or elimination.
of the right, but before its judicial non-requirement.
Thus, although the debt exists, after a certain period, the debtor is given the option to refuse the
compliance with the performance or opposing it by invoking its prescription. Of course, even so, the debtor
you can pay the debt if you want.
In this sense, article 304 of the Civil Code establishes that 'Once the prescription is completed, the beneficiary has the faculty'

of refusing to fulfill the obligation.

The prescription regime provided for in Articles 300 to 327 of the Civil Code is absolutely imperative, being null and void.

the legal business intended to modify the legal deadlines for prescription or to facilitate in another way the conditions
in which the prescription operates its effects (Article 300 of the Civil Code).
This legal solution is based on reasons of order and public interests, aimed at safeguarding legal certainty and
security of legal commerce.
The statute of limitations varies depending on the type of debt in question. The normal statute of limitations is, according to

Article 309 of the Civil Code (CC), of twenty years, however, regarding certain credits the legislator established
shorter prescription periods, namely, exceptional ones, of 5 years (Article 310 of the Civil Code), of 6 months (Article 316 of the

CC) or 2 years (Article 317 of the CC)

Procedural assumption of active and passive legitimacy

Procedural legitimacy consists of the susceptibility to be a party in a specific jurisdictional process, being able to
we talk about active procedural legitimacy when referring to the author, and about passive procedural legitimacy when
regarding the defendant.

The concept of legitimacy is provided for in Article 30 of the CPC:

Article 30
Concept of legitimacy
1 - The author is a legitimate party when they have a direct interest in filing a claim; the defendant is a legitimate party when they have an interest.

directly contradict.
The interest in filing a lawsuit is expressed by the utility derived from the success of the action and the interest in contesting.

for the loss that may arise from this origin.

3 - In the absence of contrary legal indication, those who hold a relevant interest for this purpose are considered.
legitimacy of the subjects of the controversial relationship, as configured by the author.

What are instance incidents? And what is the value of incidents? Do incidents pay court fees? Where?
Who regulates this issue?

24
The incidents of the instance are regulated in article 292 and following of the CPC and translate into procedural relationships.

secondary, incidental in the main process. It is a controversial secondary and accessory issue that arises in the
course of a process that needs to be judged before the decision on the merits of the main case.
According to the terms of article 304 of the CPP, the value of the incidents is that of the case to which they refer, unless the incident has

it will actually have a value different from that of the cause, because in this case the value will be set in the normal terms.

Regarding the costs, article 7, paragraph 4, paragraph 7 and paragraph 8 of the Regulation on Legal Costs, the court fee due

for incidents and precautionary procedures, for injunction procedures, including European procedures
the injunction for payment, due to the abnormal procedures and the executions, is determined according to the table
II, which is an integral part of this Regulation.
When the incident or procedure is of special complexity, the judge may ultimately determine the payment of
a higher value, within the limits set in table II.
Procedures or anomalous incidents are considered to be occurrences that are strange to the normal development of the dispute.

that should be taxed according to the principles that govern the condemnation in costs.

Are the peace courts a true tribunal?

The peace courts are tribunals constitutionally provided for in article 209, no. 2 of the CRP, and their organization,
competence and functioning regulated by Law No. 78/2001
They are included in the category of optional dispute resolution means, but they are not courts.
judicial
They aim for an alternative justice to judicial justice, allowing the parties, in a logic of greater mediation, oral proceedings and

timeliness, finding an appropriate solution for your disputes;

Justices of the peace are not judicial magistrates, nor are they covered by the constitutional statute reserved for them.
in articles 215 and following of the CRP

Can intern lawyers intervene in the Courts without the patron's presence?
No. According to Article 196 of the EOA, a trainee lawyer can always, under the guidance of the attorney, perform all the
acts within the competence of solicitors. That is to say, always under guidance.

Civil Responsibility
In order for civil liability to be attributed to someone, there must be an unlawful act, intent or negligence, a damage, and a

causal nexus.
The causal nexus (art. 563 of the CC) is a direct and necessary consequence. The obligation to indemnify exists only in
in relation to the damages that the injured party probably would not have suffered if it were not for the injury.

The general principle of the obligation to compensate provided for in article 483 of the Civil Code establishes that anyone who, with intent or

my fault, unlawfully violating the rights of others or any legal provision aimed at protecting interests
the third party is obliged to compensate the injured party for the damages resulting from the violation. And the general principle of obligation to

The indemnity provided for in Article 562 of the Civil Code states that whoever is obliged to repair a damage must restore the...

situation that would exist if the event that requires compensation had not occurred.

There is an obligation to compensate regardless of fault only in the cases specified by law.

25
Under the terms of article 486 of the Civil Code, simple omissions give rise to the obligation to repair the damages when,

regardless of other legal requirements, there was, by force of law or legal business, the duty to perform the
omitted
According to the terms of Article 487 of the Civil Code, it is up to the injured party to prove the fault of the author of the injury, except in cases where there is a presumption.

legal of fault.
The fault is assessed, in the absence of another legal criterion, by the diligence of a good head of the family, in the face of the

circumstances of each case.

According to article 496 of the CC, the determination of the indemnity must also take into account non-economic damages.

heritage items that, due to their severity, deserve the protection of the law, also the calculation of compensation includes
not only the damage caused, but also the benefits that the injured party ceased to obtain as a consequence of the injury. In the setting of the

compensation can the court address future damages, provided that they are foreseeable; if they are not determinable, the
the determination of the corresponding compensation will be submitted for further decision (art. 564 of the CC).

Due to the death of the victim, the right to compensation for non-pecuniary damages belongs jointly to the spouse.
separate from people and assets and to the children or other descendants; in the absence of these, to the parents or other ancestors; and,

finally, to the brothers or nephews who represent them.

If the victim was living in a de facto union, the right to compensation foreseen in the previous number belongs, in the first place,

together, to the person who lived with her and to the children or other descendants.

The amount of compensation is determined equitably by the court, taking into account, in any case, the
circumstances referred to in Article 494; in the event of death, not only non-material damages may be taken into account
suffered by the victim, as well as those suffered by people entitled to compensation under the previous numbers.

Under the terms of article 566 of the Civil Code, compensation is set in money whenever natural restitution is not possible.

possible, do not repair the damages entirely or it is excessively burdensome for the debtor.
The monetary compensation is measured by the difference between the injured party's financial situation on the most recent date.

recent that could be attended by the court, and the one that would have on that date if there were no damages.

If the exact value of the damages cannot be ascertained, the court will judge equitably within the limits it has.
for proven.
Due to the ongoing nature of the damages, the court may, at the request of the injured party, grant the compensation in whole.

or in part, the form of lifetime or temporary income, determining the necessary measures to ensure your
payment.
When there is a significant change in the circumstances on which it was based, whether the establishment of rent or its
amount or duration, whether the waiver or imposition of guarantees, either party is allowed to require the
corresponding modification of the sentence or agreement.

When the compensation results from the loss of anything or right, the responsible party may demand, at the time of
payment or at a later time, for the injured party to assign their rights against third parties to you.

Whoever claims the compensation does not need to indicate the exact amount in which they assess the damages, nor the fact of having

a specific quantity request prevents, during the action, from claiming a higher amount, if the process comes
to reveal damages greater than those initially anticipated.

26
What is the statute of limitations for the right to compensation in a civil liability action?
Under the terms of article 498 of the CCO, the right to compensation prescribes after three years, starting from the date when
the injured party became aware of the right that pertains to them, although not knowing the identity of the responsible party and

from the total extent of damages, without prejudice to ordinary prescription if the respective period has elapsed from the
harmful act.
It also prescribes within a period of three years, counted from the fulfillment, the right of recourse among those responsible.
If the illegal act constitutes a crime for which the law establishes a statute of limitations subject to a longer period, this is the period.

applicable.
The prescription of the right to compensation does not imply the prescription of the action for recovery or the action for restitution.

for unjust enrichment, if there is room for one or the other.

When is the replica presented?

Under the terms of Article 584 and the following articles of the CPC, the Plaintiff can only reply if the Defendant has presented a counterclaim. No

you can also present a counterclaim in the reply.

In actions of simple negative appraisal, the reply serves for the plaintiff to challenge the constitutive facts that the defendant

having alleged and to allege the facts that prevent or extinguish the right claimed by the defendant.
The Author must submit the reply within 30 days from the notification of the defense, however, ...
to make a request for an extension of the deadline, just as it can be for the defense. If the Plaintiff does not present
replica, has a coercive effect provided for in article 574 of the CPC.

Can exceptions be answered in the Reply?

No. The reply serves only for the Author to respond to the matter of the counterclaim of the Defendant, according to the article 584, no.1.

do CPC.

As a rule, when do we respond to exceptions?

Under the terms of article 3, paragraph 4 of the CPC, the author may only respond to the exceptions at the preliminary hearing, article 591, paragraph 1 letter

b). If the preliminary hearing does not take place, it can respond at the beginning of the final hearing under the terms of art. 608, no. 1 of

CPC.

Could I present a reply to contest the exceptions raised by the defendant in the defense? What
What would happen if I forgot to respond to these exceptions?
Under the terms of article 584, paragraph 1 of the CPP, the author may only reply if the defendant files a counterclaim and only then.

regarding the matter of counterclaim.

If the Author wishes to respond to the exceptions, they may do so at the preliminary hearing, if there is one, or at the beginning of the

final hearing under the terms of article 3, no. 4 of the CPP.

If you forgot to respond to the exceptions, they would have a coercive effect. (I don't know which article, it might be the article)

574no2?)

When is the process concluded to the judge?

Deadlines for the office hours of the secretary

27
According to paragraph 1 of article 162, the secretariat must finalize the processes within five days, except for the
emergency cases. The deadline starts from the presentation of this.

Cases in which there is a preliminary order.

In the following cases:

Article 99, paragraph 1 in which the judge issues an interim ruling acquitting the defendant from the instance due to verification of

absolute incompetence.
Article 588, no. 4 in which the judge issues a preliminary decision on the admission of the subsequent pleading,

rejecting it when, due to the party's fault, it is presented late, or when it is evident that the
facts do not matter to the good decision of the case; or ordering the notification of the opposing party to respond
in 10 days.
Article 590, paragraph 1, which by legal determination or by the judge's order, the petition shall be presented for a preliminary ruling.

it is denied when the request is clearly unfounded or there are evident exceptions
insurmountable dilatory pleas and that the judge should be aware of them ex officio

Article 723, nº1 regarding the competence of the judge and issuing a preliminary ruling that may take place in the

executions.
Article 726 number 1 when the execution process is submitted to the judge for a preliminary decision.

Can the Judge issue a preliminary ruling at the pre-hearing?

Yes, it can. According to the terms of article 591, paragraph 1, item d) of the Criminal Procedure Code, once the preliminary hearing proceedings are concluded, it is

a preliminary hearing has been called, to be held within the 30 subsequent days for some purposes, one of which is to pronounce

cleansing office

When does the process sanitation occur?

No cleansing dispatch in accordance with article 595 of the CPC.

Indeed, it is at this moment that the judge issues a cleansing order to address dilatory exceptions and nullities.
procedures that have been raised by the parties, or that, in light of the elements contained in the records, must be assessed
officiously or to know immediately of the merit of the case, whenever the state of the process allows, without
need for more evidence, the assessment, total or partial, of the request(s) made or of any exception
peremptory.

In which cases is the preliminary hearing waived?

In accordance with article 593, paragraph 1, in actions that are to continue, the judge may dispense with the holding of the hearing.

preview when it is intended only to issue a regulatory order, or to determine, after debate, the adequacy
formal, the simplification or streamlining of procedures, or to issue, after debate, the order aimed at identifying the
The object of the litigation is to state the issues of proof and decide the claims made by the parties;
Considering that the judge issues, within the 20 days following the end of the pleadings, a procedural order, an order to clarify

determine the formal adequacy, simplification or streamlining of the procedure, order intended to identify the object
of litigation and to state the topics of the evidence, order intended to schedule the actions to be carried out in the final hearing, the

establish the number of sessions and their likely duration and designate the respective dates.

28
However, the parties, after being notified of this order to dispense with the preliminary hearing, may request within the deadline.

within 10 days, the preliminary hearing must be held; in this case, the hearing must take place within one of the following 20 days and

it is intended to address the issues raised and, additionally, to make use of the provisions in item c) of paragraph 1 of the article.

591, that is, only to discuss the parties' positions with a view to delimiting the terms of the litigation and supplementing the

insufficiencies or inaccuracies in the presentation of the facts that still persist or become evident in the
debate sequence.

What are the purposes of the preliminary hearing?

According to the terms of article 591 of the CPC, after the Judge issues a pre-sanitizing order in accordance with article 590 of the CPC it is

a preliminary hearing has been called, to be held within 30 days following, intended for one or more of the purposes

following:
a) Attempt to reach a settlement, in accordance with article 594
b) Enable the parties to discuss facts and law, in cases where the judge must assess dilatory exceptions.
or when intending to know immediately, in whole or in part, the merits of the case;
c) Discuss the positions of the parties, with a view to defining the terms of the dispute, and to address the inadequacies or

imprecisions in the presentation of the factual matter that still persist or become evident in the course of the debate;

d) Issue a cleansing order

e) Determine, after discussion, the formal adequacy, simplification, or streamlining of the procedures, as provided for in
number 1 of article 6 and in article 547
f) Issue, after debate, the order provided for in paragraph 1 of article 596, that is, an order identifying the subject of the

litigation and statement of the issues of proof, and decide the claims raised by the parties;
g) Schedule, after hearing from the representatives, the actions to be taken at the final hearing, establish the number of sessions and

its probable duration and designate the respective dates.

The order scheduling the preliminary hearing indicates its purpose and objective, but does not constitute res judicata regarding
the possibility of immediate appreciation of the merits of the case.
3 - The absence of the parties or their representatives does not constitute grounds for postponement.

4 - The preliminary hearing is recorded whenever possible, applying, with the necessary adaptations, the provisions in
Article 155, that is, in the same way as the recording of the final hearing.

What decisions can be made at the preliminary hearing?

Two rulings can be issued:
1. The cleansing dispatch in accordance with article 595, nº1 of the CPC, in which the dilatory exceptions are recognized and

procedural nullities that have been raised by the parties and to immediately know the merits of the case,
whenever the state of the process allows, without the need for further evidence, the assessment, total or partial,
from the deducted requests or from any peremptory exception.
2. The order identifying the object of the litigation and the statement of the issues of proof, pursuant to Article 596 of the

CPC.

In the case of waiver of prior hearing when the parties wish to change the request
probationary, what can be done?

29
If there is a waiver of the preliminary hearing, it would be necessary to request its conduct within 10 days from the
dispatch, in accordance with article 593, nº3 of the CPC as according to article 598 nº2, the list of witnesses can be
added or changed up to 20 days before the date on which the final hearing takes place, with the opposing party being notified
to use, wanting, with equal facility, within the period of five days. It is the responsibility of the parties to present the witnesses

indicated as a result of the amendment or modification to the list.

Can the judge identify the themes of the examination in the preparatory order?

No. Under the terms of Article 595, paragraph 1, the preliminary ruling serves only to address dilatory exceptions and

procedural nullities that have been raised by the parties, or that, in light of the elements in the records, should
appreciate ex officio or immediately know the merits of the case, whenever the state of the process allows,
without the need for further evidence, the evaluation, total or partial, of the request or requests made or of any exception

peremptory.
The judge can indeed identify the topics of evidence in a specific order, but only after issuing a preparatory order.

Attempt at reconciliation by the judge

The attempt at conciliation is provided for in article 594.
1 - When the cause falls within the scope of the parties' powers of disposition, it can take place at any stage of the
process, attempt at reconciliation, provided that the parties jointly request it or the judge deems it appropriate,
but the parties cannot be called exclusively for this purpose more than once.
The parties are notified to appear in person or be represented by a legal representative with
special powers, when residing in the area of the district, or on the respective island, regarding the Autonomous Regions, or
when, not residing there, attendance does not represent considerable sacrifice, considering the nature and value of the case
and the distance of displacement.

3 - The attempt at reconciliation is presided over by the judge, who must actively strive to obtain a solution.
fairness more appropriate to the terms of the litigation.

4 - Frustrating, totally or partially, the conciliation, the concrete solutions suggested are recorded in the minutes.
by the judge, as well as the grounds that, in the understanding of the parties, justify the persistence of the litigation.

What is an Injunction?
In accordance with article 7 of the Appendix of decree-law 269/98 of September 1, an injunction is considered to be the provision that...

it is finally to check the executive force of the request intended to demand compliance with the obligations referred to
Article 1 of the preambular decree, or the obligations arising from commercial transactions covered by
Decree-Law No. 32/2003, of February 17.
The injunction is a procedure that allows a creditor of a debt to obtain a document (referred to as title)
executive) that allows you to resort to a legal execution process to recover from the debtor the
amount that he owes you.
The injunction can only be applied when the debt in question is equal to or less than €15,000 or a debt
that results from a commercial transaction (but in the latter case, only when the contract has not been concluded with
a consumer), and has the following advantages:

30
The injunction is a procedure that allows a creditor of a debt to obtain, quickly and simply, a
executive title, without the need to promote a declarative action in court. In addition to the speed of
injunction has the advantage of being considerably cheaper than a lawsuit.

If there is opposition to the injunction, what is the next procedure?

Under the terms of article 14 of the same document, if, after being notified, the respondent does not raise an opposition within the period of

15 days, or 20 days depending on whether it exceeds or not the jurisdiction of the first instance court, the secretary will affix to the request

From injunction to the following formula: This document has executive strength. That is, the referred executive title is issued.
Yes, in the case of the debtor opposing under the terms of articles 1 no. 3, article 15 and article 16, or there being frustration of the

notification of the respondent and the petitioner has indicated that they wish for the process to be submitted for distribution,

the secretary presents the records for distribution, thus becoming a true action.
They are also immediately presented for distribution when the existence of any issue subject to
judicial decision.
In cases where the notification of the defendant has been frustrated, the case files are only submitted to the judge afterwards.

of the defendant having been cited to contest

Upon receiving the case files, the judge may invite the parties to improve the procedural documents.

My client is notified of an injunction, which they are not interested in contesting, is it possible to do
Agreement?
Yes, an extrajudicial agreement. Attention! The transaction does not apply.

What is the procedure for the enforcement action?

Under the terms of article 21 of DL no. 269/98, of September 1, the execution based on a request for injunction
it follows, with the necessary adaptations, the form of a common process.

The execution is limited by the amounts referred to in paragraph d) of article 13, that is, the requested amount, the rate of
justice and interest from the date of submission of the request and interest at a rate of 5 percent per year from that date
from the date of the execution formula's supposition.

Revert, in equal parts, to the plaintiff and to the Institute of Financial Management and Infrastructure of
Justice, I. P., the interest that adds to the default interest.

In the injunction procedure, when should the evidence be presented? How many witnesses can be presented?

Can you present?

Under the terms of paragraph 4 of article 3 of Decree-Law No. 269/98, of September 1, the evidence is presented at the hearing.
each party may present up to three witnesses, if the value of the action does not exceed the jurisdiction of the first court.

instance, or up to five witnesses, in the remaining cases. In either case, the party cannot produce more than
three witnesses for each of the facts that are proposed to be proven, not counting those who have stated anything
saber.

Order for the production of evidence in the final hearing.

Under the terms of article 604, after the judge attempts to conciliate the parties, the evidence is reproduced as follows:

Testimony of the parties;

31
Exhibition of film screenings or sound recordings, with the judge being able to determine that it should be carried out
only with the assistance of the parties, their lawyers, and those whose presence is deemed convenient;
Verbal clarifications from the experts whose attendance has been determined ex officio or at the request of the
parts;
Inquiry of the witnesses;
Oral allegations, in which the lawyers present the conclusions, of fact and law, that they have drawn from the evidence.
produced, with each lawyer being able to replicate once.

In the event that a testimony needs to be given outside the courtroom, the hearing is interrupted before the
oral allegations, and the judge and lawyers move to take it, immediately or on the day and time set by the judge;
after the testimony is given, the hearing continues in court.
Can the judge still change the order of evidence production when he finds it convenient for the discovery of
truth or determining the hearing simultaneously, regarding certain facts, of witnesses from both parties.

When is the proof presented?

In accordance with Article 423 of the CPC, the standard moment for the submission of documents intended to serve as proof of

the grounds for action or defense must be presented with the statement in which the facts are alleged
correspondents. In the PI, article 552, no. 6, in the Defense, article 572, paragraph d). Regarding this last one, in the
According to Article 573, all defenses must be raised in the answer, except for the incidents that the law requires.
deduced separately, and after the defense, only exceptions, incidents, and means can be raised.
defenses that are subsequent, or that the law expressly allows after this moment, or that should be
know unofficially.
Evidence may still be submitted up to 20 days before the date of the final hearing (article 423, nº2)
CPC), but the party is condemned to a fine, except if it proves that it could not present it with the pleading. It is also

it is possible to change the proof requirement at the preliminary hearing according to article 598, no. 1 which refers to the

articles 591 and 593, no. 3 CPC. Then, only documents whose presentation was not possible until are admissible.
at that moment, as well as those whose presentation has become necessary due to the occurrence
posterior.

Imagine that, in the final hearing, you need to submit a document. Specify based on which article you would do it.
You say your request for the minutes.

The article in question is article 423, number 2 of the CPC, which prescribes the time for the submission of evidence by documents.

The documents intended to prove the grounds for the action or defense must be presented with the
articulated in which the corresponding facts are alleged.
If not submitted together with the respective statement, the documents can be presented up to 20 days before the date.
in which the final hearing takes place, but the party is fined, unless they prove that they could not offer
with the articulated.

After this time limit, only documents whose submission was not possible until then are accepted.
moment, as well as those whose presentation has become necessary due to subsequent occurrence.
I would request the floor and start dictating for the minutes:

The Author, in accordance with and for the purposes of article 423, paragraph 3 of the CPC, comes to request the addition of a document to the records.

composed of twenty-two sheets, this document is intended to prove ...

32
facts alleged by itself in articles 20 to 24 of the initial petition, documents that the Author has only now sought and
found in the file that is in a garage far from the Author's headquarters.
Brings together copies and legal duplicates. Requests and awaits approval

Joining of documentary evidence at the hearing.

According to Article 423 of the Penal Code, the submission of documents at the hearing will only be accepted if their presentation does not

it had been possible up to that moment, as well as its presentation being necessary due to occurrence
posterior.
However, under the terms of article 424, the presentation of documents in these terms does not prevent the realization of the

production of evidence proceedings, unless the opposing party cannot examine them at the very moment, even with
suspension of work for the necessary time, the court considers the document relevant and declares that there exists
serious inconvenience in the continuation of the hearing.

Imagine that today you present a case and the next day you realize that you forgot to attach the
request for proof. What would you do?
Since the evidence needs to be submitted along with the records, it would be better to withdraw from this instance and file a new action already.

with the proof.

What are party statements and party testimony?

In the statements of the parties, it is intended to declare the parties on facts they have direct knowledge of in which
they have been intervening personally, art. 466 CPC. The testimony of the party aims for the confession of facts by
Sections, art. 452 and following of the CPC.

And if there is such a confession, what happens?

According to Article 463, if there is a confession from the witness, it is reduced to writing, and the drafting is the responsibility of

judge, allowing the parties or their lawyers to make any complaints they deem necessary. Once the hearing is concluded, it is read to the

deponent, who confirms it or makes the necessary corrections.

And if it is a confession in statements by a party?

Under the terms of article 466, paragraph 3, the court freely assesses the statements of the parties, unless they constitute
confession.

Until when can we request the party's statements? And the party's testimony?
According to Article 466 of the CPC, the parties may request, until the beginning of oral arguments in the first instance,

reporting statements about facts in which they have personally intervened or of which they have knowledge
straight.

Make a request for the statements from the party

I first request the word. "The Defendant ... (Name) ... requests the statements of the parties, pursuant to Article 466 of the Code

of the Civil Process, who should testify regarding ......(subject) question to be decided, because he has direct knowledge

and your statements are important for the discovery of the truth
33
Imagine that the Doctor is at a trial hearing, all evidence has been produced, but notices that the
the proof was weak and failed to prove almost anything that it intended. Your client said that he knows
Exactly how everything happened and wants to talk. What can be done?
I would require the statements from the parties under the terms of Article 466 of the CPC.

Make the request

I would ask for the word and dictate:

Considering that the author (defendant) has direct knowledge of the facts alleged in article... and article... of the Initial Petition, intends to

to testify about them, considering it important for the discovery of the truth

Why is it only possible to request the testimony of the opposing party or the co-parties?

Because the purpose of a party's testimony is to obtain a confession, and only facts are subject to confession.
unfavorable to this part.

And what if the doctor wanted to hear her own part?

The appropriate means of proof are the statements of the parties.

Should special care be taken when requesting testimony and statements from a party?
Yes, it is necessary to indicate in detail the facts on which the testimony will pertain.

Could a managing partner who was removed continue to testify as a party?

No. No longer being part, I would have to testify as a witness. Article 496 of the CPC states that they are prohibited from

depose as witnesses those who in the case can testify as parties, which also applies in the opposite situation.

In the course of a family law action where there are many siblings, with one being an intruder due to anomaly.

psychic, upon arriving at the trial hearing discovers that this same brother is listed as
witness of the opposing party. What can you do?
The incident of appeal would be deduced as soon as the preliminary interrogation ended, in accordance with articles 514 and 515.

do CPP, based on the fact that the witness does not have the mental capacity to testify about the facts in accordance with

Article 495 of the CPC.

Imagine que tem conhecimento, na entrada para a Audiência de discussão e julgamento (Acidente de
Transportation) that the main witness of the author - represented by me - passed away two weeks ago. The
the witness's children have already submitted the death certificate to the secretary. However, a brother of

witness, who witnessed the same facts as that one, offers to testify. Imagine that the
The hearing just started. What would you do?
I would request the substitution of the witness in accordance with Article 508, paragraph 1 and paragraph 3, subparagraph a) of the CPC.

Indeed, under this provision, upon the expiration of the term referred to in paragraph 2 of article 598 (amendment or addition of the

witnesses 20 days before the hearing) also allows the party the option to replace witnesses if it occurs
definitive impossibility to testify, after their appointment, the party has the ability to replace them;

34
Can we request the suspension of the proceedings? For how long?
Under the terms of article 269 of the CPC, the instance may be suspended due to various causes such as death or
some of the parties (note that in these cases it is usually not suspended but extinguished); In the processes in
it is mandatory to appoint a lawyer when the latter dies or becomes absolutely unable to practice
mandate. In other proceedings, when the legal representative of the incapable passes away or becomes incapacitated, unless there is a provision...

judicial representative appointed; or when the court orders the suspension or there is an agreement between the parties;

Under the terms of Article 272, paragraph 4 of the CPC, the parties may agree to suspend the proceedings for periods that, in their

total, do not exceed three months, provided that it does not result in the postponement of the final hearing.

Bad faith litigation

The institute of bad faith litigation is provided for in Article 542 of the CPC.

Bad faith litigation involves a judgment of reproach that stems from the violation of fundamental duties of integrity,
cooperation and good faith to which the disputing parties are bound. It presupposes action that is intentional or negligent.
serious - in terms of intervention in the litigation

The subsections a) and b) in number 2 refer to substantive legal issues, while the other subsections of the regulation relate to
They report situations that are related to the so-called bad faith in legal proceedings.

In any of these situations, it is not necessary to prove the awareness of the unlawfulness of the behavior of
litigant and the intention to achieve an illegitimate objective, it is enough, in light of the concrete facts established, to be
it is possible to formulate an intense judgment of culpability regarding his actions.

An attorney acts in bad faith when they initiate a lawsuit demanding the defendant to pay an amount for services.
forensic experts who claim to have provided you in the exercise of their professional activity and then find themselves extracting from the material

it is a fact that these alleged services were never contracted by the last one nor were they even provided to him
provided.

A lends €50,000 to B. A is from Leiria and B is from Coimbra. Years pass, B never returns it.
money. No deadline for payment was set. Is the contract valid?
This is a loan agreement provided for in articles 1142 and 1143 of the Civil Code.

Under the terms of these articles, a Loan is the contract by which one party lends to the other money or another thing.
fungible, with the second obliged to return an equal amount of the same kind and quality.
Regarding the form of these contracts, the loan contract of an amount exceeding 25,000 euros is only valid if it is
celebrated by public deed or by authenticated private document and of a value exceeding 2500 euros if it is
by a document signed by the borrower.
In this specific case, the contract should have been executed by public deed; consequently, the contract is null.
What action do I intend?
Should have tried a declarative action of condemnation, in the form of a Common Procedure according to Article 10,
No. 1, No. 2, No. 3 subsection b), 546, No. 1 and 548 all of the CPC.

What is the cause of action?

The nullity of the loan and consequently the restitution of the money by B

35
Imagine that you are sending a legal document via Citius and when attaching the documents, they
exceed the capacity of 10MG.
According to the terms of article 10 of ordinance nº280/2013 of August 26, the legal document and respective documents do not

they can exceed the size of 10MB, in which case they must be delivered to the secretary, at the
terms of article 144, no. 7 of the CPC

What is the conforming duo?

Under the terms of article 671 of the CPC, a review of the appellate decision that confirms, without a dissenting vote, is not admissible.

and without essentially different reasoning, the decision rendered in the 1st instance. This means that the appeal of
appeal is not admissible as long as both decisions – that of the first instance and that of the Court of Appeal – decide on the same

sense, confirming the Court of Appeal the decision made by the 1st instance without a vote being recorded
defeated and without the justification being essentially different.

What is the way to appeal against the unfavorable decision? Where to?
Under the terms of Article 627 of the CPC, judicial decisions can be challenged through appeals.
The resources are ordinary or extraordinary, with ordinary resources being appeals and reviews, and extraordinary resources.
the resource for the unification of jurisprudence and the review.
Appeal is made to the Court of Appeal or to the Supreme Court of Justice

Do you know how many relationships exist?

The following courts of appeal exist: Évora, Guimarães, Porto, Coimbra, and Lisbon.

What is the deadline for filing an appeal?

According to Article 638, the deadline for filing the appeal is 30 days and is counted from the notification of the
decision, reduced to 15 days in urgent processes and in cases provided for in paragraph 2 of article 644, that is, of the
decision that examines the disqualification of the judge; From the decision that examines the absolute competence of the court; From the decision

that it decrees the suspension of the instance; From the order of admission or rejection of any pleading or means of evidence;

If the party is a respondent and does not need to be notified under the terms of Article 249, the deadline for filing runs from the

publication of the decision, unless the absence of the party ends before this period has elapsed, in which case the sentence or
the office must be notified and the deadline starts counting from the date of notification.

In the case of dispatches or oral judgments, reproduced in the proceedings, the deadline runs from the day they were

given, if the party was present or was notified to attend the act.
When, outside the cases provided for in the previous numbers, notification does not need to be made, the deadline runs from the

day the interested party became aware of the decision.

Within the same timeframe as the filing, the respondent may respond to the appellant's allegation.
In your allegation, the respondent can challenge the admissibility or timeliness of the appeal, as well as the
legitimacy of the appellant.
If the appeal concerns the reconsideration of the recorded evidence, the deadline for filing and responding is increased by 10.

days.

36
Having several appellants or several appellees, even if represented by different lawyers, the deadline for
respective allegations are unique, it is up to the secretary to ensure that everyone can proceed to the examination of
process during the period of which they benefit.

What are the types of resources?

Ordinary or extraordinary.
The ordinary resources are the appeals or reviews.
The extraordinary appeals are the resources for standardizing jurisprudence and the resources for revision.

Who is it addressed to? And how do you file the appeal?

Under the terms of Article 637 of the CPC, appeals are filed through a request directed to the court that
issued the appealed decision, which indicates the type, effect, and method of appeal of the filed resource.
The application for the appeal must necessarily contain the appellant's arguments, in which conclusions
the specific grounds for appeal must be indicated; when this is expressed in the invocation of a conflict
jurisprudential issue that is intended to be resolved, the appellant must submit it mandatorily, under penalty of immediate rejection,

copy, even if not certified, of the foundational ruling.

Imagine that the judge sentenced the defendant to 3000 euros? Could they appeal?
Under the terms of Article 629, the ordinary appeal is only admissible when the value of the case exceeds the jurisdictional limit.

court from which the appeal is made and the challenged decision is unfavorable to the appellant in an amount greater than half of the

Of this court, in case of well-founded doubt regarding the value of the fee for the unsuccessful party, only the value
of the cause.

3000 euros is an amount below the court's jurisdiction, therefore the appeal will not be possible.

However, it is always possible to appeal regardless of the value of the case and the outcome, in cases of:
1. Violation of international jurisdiction rules, rules of jurisdiction based on subject matter or of
hierarchy, or in the offense of res judicata;
2. Of decisions regarding the value of the cause or incidents, based on the fact that its value
exceeds the jurisdiction of the court being appealed;

3. The decisions rendered, within the scope of the same legislation and on the same fundamental issue of
law, against the uniform jurisprudence of the Supreme Court of Justice;
4. Of the decision of the Court of Appeals that is in contradiction with another, from the same or a different Court of Appeals, in the domain

of the same legislation and on the same fundamental issue of law, and from which there is no appeal
ordinary for reasons outside the court's jurisdiction, unless a uniformity ruling has been issued
of jurisprudence with him as appropriate.

5. In actions that assess the validity, existence or cessation of lease agreements,

except for leases for non-permanent housing or for special temporary purposes;
6. The decisions concerning the value of the case in precautionary procedures, based on the fact that the
its value exceeds the authority of the court being appealed;
7. The decisions to reject the initial petition of action or the initial request for procedure
precautionary.

37
However, once a decision is made, even if it is legally unappealable to the higher court, it cannot
considered final on the date of its notification, since it is, regardless of not being
subject to ordinary appeal, may be the subject of a complaint.

What resource could I file to obtain a favorable decision, since the ruling of the court of
the relationship was in contradiction with the later ruling of the TC.

In principle, it would be a resource for the uniformization of case law under the terms of article 688 of the CPC

Basis of the appeal

1 - The parties may appeal to the full civil sections when the Supreme Court of Justice issues
a ruling that is in contradiction with another previously issued by the same court, in the same domain
legislation and on the same fundamental issue of law.
2 - As the basis for the appeal, only a previous judgment that has become final may be invoked, with the presumption of

traffic.
3 - The appeal is not admitted if the orientation adopted in the challenged ruling is in accordance with jurisprudence.
uniformed of the Supreme Court of Justice.

Appeal Resource
It is provided for in Article 671 and following of the CPC

Decisions that involve review

1 - There is an appeal to the Supreme Court of Justice regarding the decision of the Court of Appeal, made on the decision of the 1st instance,

who knows of the merit of the case or who concludes the process, absolving the defendant or one of the defendants from the instance

as for the request or counterclaim made.

2 - The rulings of the Court of Appeal that assess interlocutory decisions that solely pertain to the procedural relationship.
they can only be subject to search:
a) In cases where the appeal is always admissible;
b) When they are in contradiction with another, already settled, delivered by the Supreme Court of Justice,
within the domain of the same legislation and on the same fundamental legal issue, unless it has been issued
uniformity decision of jurisprudence with it according to.
3 - Without prejudice to cases where the appeal is always admissible, a review of the decision of the Court of Appeal is not allowed that

I confirm, without a dissenting vote and without fundamentally different reasoning, the decision rendered in the first instance.

except in the cases provided for in the following article. – Here is the double as agreed!

4 - If there is no appeal or if the appeal for review of the decisions mentioned in paragraph 1 is not admissible, the rulings issued in

pending cases in the Court of Appeal can be contested if they are of interest to the appellant
regardless of that decision, in a single appeal, to be lodged after the finality of that decision, within a period of 15
days after the referred transit.

Interest in the resource

According to Article 631 of the CPC, appeals can only be filed by those who are a main party in the case,
have expired.
They also have an interest in appealing the decision, those who were directly and effectively harmed, even if
do not be parties to the cause or be merely accessory parties.
38
3 - The remedy provided for in point g) of article 696 (i.e., the dispute based on the simulated act of the parties and the

the tribunal has not been made aware of the fraud) can be filed by any third party who has been harmed by the
sentence, considering as a third party the incapable who intervened in the process as a party, but through
legal representative.

Action for specific performance: what is required?

The specific performance is provided for in article 827 of the Civil Code, which states that if the obligation consists in the delivery of

a determined thing, the creditor has the authority to request, in execution, that the delivery be made to him.

The action for specific performance of a contract obligation is a declaratory action of constitutive nature.
through which a consistent legal modification is operated in the provision of the omitted contractual instrument, or
it does not only replace the negotiating declaration of the defaulting party, but the very contract that was not made between the parties

celebrated.

If a property were located in Vila Franca de Xira and the action was valued at €200,000.00, what was the
competent court?
O tribunal competente seria no tribunal de comarca de Lisboa Norte nos termos do Anexo II da Lei da Organização do
Judiciary System, why this action of real rights should be filed in the court of the situation of the assets or
personal enjoyment regarding properties under the terms of article 70, no. 1 of the CPC. Furthermore, it would be the central civil court,

terms of Article 117 of the Law on the Organization of the Judiciary System, due to it being an action of value exceeding 50
one thousand euros.

Imagine that one of the parties dies, what do you do?

In the terms of Article 351 and following of the CPC, an incident of qualification should be deduced.

Indeed, the qualification of the successors of the deceased party in the pending case, so that they can proceed with them

terms of the demand, it can be promoted by either of the surviving parties or by any of the
successors and must be promoted against the surviving parties and against the successors of the deceased who are not
applicants.
If, as a result of the efforts to summon the defendant, it is certified that he has passed away, a request can be made for
qualification of your successors, even if the death occurs prior to the proposal of the action.
If the author passes away after having granted a mandate for the proposal of the action and before it has been instituted,
you can promote the qualification of your successors when one of the exceptional cases in which the
A mandate can be exercised after the death of the grantor.
Having deduced the incident, an order is given for the citation of the defendants who have not yet been summoned for the case and the

notification of the remaining ones, to contest the qualification.

The incident is recorded as an attachment.

The dismissal of the application does not prevent the applicant from submitting another one, based on different facts or
in various evidence related to the same fact; the new qualification, when based on the same facts, may be
deduced in the process of the first, by the mere offering of other evidence, maintaining, however, the duty of
payment of charges related to the first habilitation.

39
If the quality of heir or that which legitimizes the applicant to replace the deceased's share has already been declared
in another process, by a final and unappealable decision, or recognized in notarial qualification, the qualification has
based on the certificate of the sentence or the deed, being requested and processed in the main case files.
Those interested for whom the decision constitutes res judicata or who intervened in the deed cannot contest the
quality attributed to them in the qualification title, unless they claim that the title does not meet the conditions
required by this article or suffers from a defect that invalidates it.
In the absence of a response, it is verified whether the document proves the quality on which the qualification depends, and a decision is made.

compliance; if any of the parties contest, the evidence presented is produced and then a decision is made.
Presented the inventory certificate, by which the indicated facts are proven, it is observed what is stipulated herein.
article.
Not having the legitimacy recognized yet, the judge decides the incident as soon as the deadline for the defense is over.
make the production of evidence that is appropriate in the case.

When the quality of the heir depends on the decision of a case or on issues that must be
resolved in another process, the qualification is requested against all those who dispute the inheritance and all are cited,

but the court only judges qualified people who, at the moment the qualification is decided, must
to consider themselves as heirs; the other interested parties, to whom the decision is notified, are allowed to intervene in the

cause as parties in the case of the qualified

If a legal entity or company that is being involved in the case ceases to exist, the habilitation of the successors is done in

compliance with the provisions of this article, with the necessary adaptations and without prejudice to the provisions of article 162.

Commercial Companies Code.

If they are uncertain, the successors of the deceased party are mentioned in the notice.
At the end of the deadline for the summons, if the cited parties do not appear, the case proceeds with the Public Prosecutor's Office, according to the terms

applicable from article 22.

There is hostility between the client and the Judge of the process, to record the incident of suspicion in the minutes.

Under the terms of Article 119 of the CPC, the judge cannot voluntarily declare themselves suspect, but can request to be deemed so.

exempt from intervening in the case when any of the situations provided for in the following article is verified and, furthermore,

when, under other weighty circumstances, you understand that one might suspect your impartiality.
The request is submitted before the first ruling is issued or before the first intervention in the process, if
this for prior to any dispatch; when subsequent facts justify the request or the
their knowledge by the judge, the excuse is requested before the first order or intervention in the process, subsequently
to this knowledge.
The request contains the precise indication of the facts that justify it and is addressed to the president of the respective Court of Appeal or to

President of the Supreme Court of Justice, if the judge belongs to this Court.
The president can gather any information and may, if he deems it appropriate, hear the party that could oppose it.
suspicion, ordering him to deliver a copy of the judge's report.
Having completed these proceedings, the president decides without appeal.

The parties may also challenge the judge for suspicion under the terms of Article 120 of the CPC when a serious reason occurs.

serious, suitable for generating distrust about its impartiality, namely:

If there is a relationship or affinity between the judge or their spouse and any of the parties or a person who has,
relationship to the object of the cause, interest that would allow him to be a main party in it;

40
If there is a case in which the judge or their spouse or partner or any relative or in-law is a party
divide them in a straight line and if any of the parties is a judge in this case;

If the judge or their spouse, or any relative or in-law of either of them in a direct line, is a creditor or debtor of
any of the parties, or has legal interest in which the decision of the claim is favorable to one of the parties;
If the judge is a protutor, presumed heir, donee, or employer of any of the parties, or a member of the management or
administration of any legal entity is a party to the case;
If the judge has received gifts before or after the process was initiated and because of it, or if they have provided
means for the expenses of the process;
If there is serious enmity or great intimacy between the judge and one of the parties or their representatives.
In these terms, I would request the word and deduce the following incident of suspicion:

The parties come in accordance with Article 120, No. 1, item g) to raise an incident of suspicion due to the existence of enmity.

between the Judge of the case and the Plaintiff. Having the Honorable judge knowledge of the reasons underlying this incident,

does not have the same intention of requesting to be dismissed under the terms of article 119 of the CPC, suspecting its

impartiality with negative consequences for the good decision of the case.

What type of process is a divorce process without consent?

It is a special process of voluntary jurisdiction.

What are the foundations of the breakdown of marriage?

According to the terms of article 1781 of the CC, they are causes for rupture and grounds for divorce without the consent of one of the parties.

spouses:
a) A separation of fact for a consecutive year;
b) The alteration of the mental faculties of the other spouse, when it has lasted for more than a year and, due to its severity,

compromise the possibility of living together;

c) The absence, without any news from the absent person, for a period not less than one year;

d) Any other facts that, regardless of the spouses' fault, demonstrate the definitive breakdown of
marriage. That is to say, there are objective causes, regardless of the fault of the spouses. The mere rupture of bonds is enough.

affective. It is not questioned who had the greatest or least contribution to the marital course.

What is the value of the action and why?

According to the terms of Article 303, paragraph 1 of the CPC, the value of actions regarding the status of individuals or immaterial interests

are always considered equivalent in value to the Court's jurisdiction plus (euro) 0.01. That is, thirty thousand euros and one.

cent to make the action subject to appeal to the Supreme Court of Justice.

When is the defendant summoned to respond in this type of actions?

In the situation where in the conciliation attempt hearing, (note that it is mandatory under article 931 of the CPC and article 1779

CC), in which it was not possible to reach a conciliation, and the judge's attempt to obtain the
agreement of the spouses for divorce or separation by mutual consent, the judge seeks to obtain the agreement of
spouses regarding alimony and the regulation of the exercise of parental responsibilities for children. It seeks
still obtain the agreement of the spouses regarding the use of the family home during the pending period
of the process, if applicable.
41
If this agreement also fails, the judge orders the notification of the defendant to contest within 30 days; at the act of
notification, to be done immediately, the duplicate of the initial petition is delivered to the defendant.

It is only at this point that the Defendant becomes aware of the PI.
But it is said that the Defendant's lack of contestation is ineffective, and does not imply the confession of the facts, in accordance with the articles

352, 354 paragraph b) of the CC as it concerns unavailable rights. In the same way, the testimony of a party also does not...
is admissible under the terms of article 452 and following of the CPC.

Can divorce be converted into divorce by mutual consent? What are the requirements?
Sim pode. Nos termos do artigo 931, nº 3 e nº 4 do CPC e artigo 1779 do CC, na tentativa de conciliação, ou em
at any other stage of the process, the parties can agree on the divorce or separation of persons and assets by mutual consent

consent, when the necessary prerequisites are met. In other words, the parties must be in agreement.
regarding the exercise of parental responsibilities, the fate of the family home, the provision of
food to the spouse in need of it, regarding the fate of companion animals, article 1778-A no. 1 of the CC, following the
I process the terms of divorce by mutual consent pursuant to Article 994 and the following, being decreed the
divorce or permanent separation by mutual consent, the outstanding costs are paid equally by
both spouses, unless otherwise agreed.

The divorce by mutual consent carried out at the registry office: what agreements are necessary and in what
Where can the codes be found?

It is provided for in article 1775 and following of the Civil Code and 994 and following of the Code of Civil Procedure.

The divorce by mutual consent can be initiated at any time at the civil registry office, by means of
request signed by the spouses or their representatives, accompanied by the following documents:
a) Specified list of common goods, with indication of their respective values, or, if the spouses choose to
proceed to the sharing of those assets agreement on the sharing or request for its preparation;
b) Certificate of the court ruling that has regulated the exercise of parental responsibilities or agreement on the
exercise of parental responsibilities when there are minor children and there has not been prior regulation
judicial
c) Agreement on the provision of alimony to the spouse who requires it;
d) Agreement on the fate of the family home;
e) Certificate of the deed of the prenuptial agreement, if it has been executed.
f) Agreement on the fate of companion animals, if any.
2 - Unless otherwise stated in the presented documents, it is understood that the agreements are intended for both
period of pending proceedings as well as the subsequent period.

Article 11, no. 3 of the RGPTC - 3 - If divorce or judicial separation action is pending, the processes of
regulation of the exercise of parental responsibilities, provision of food support, and inhibition of the exercise of
Parental responsibilities are linked to that action.

If there are parental irregularities, are they only handled in court, or can they also be addressed in
conservatory?
42
Under the terms of article 1776-A of the Civil Code, when an agreement regarding the exercise of responsibilities is presented

relatives of minor children, the process is sent to the Public Prosecutor's Office along with the first instance court.
competent instance by reason of the matter within the jurisdiction to which the registry office belongs, so that this
pronounce on the agreement within 30 days.
If the Public Prosecutor's Office considers that the agreement does not adequately safeguard the interests of the minors, the ...

applicants to amend the agreement accordingly or submit a new agreement, in which case a new review is granted
to the Public Prosecutor's Office.

If the Public Ministry considers that the agreement adequately safeguards the interests of the minors or having the
The spouses amended the agreement in the terms indicated by the Public Prosecutor's Office, the divorce is decreed.

In situations where the applicants do not agree with the changes indicated by the Public Ministry and
maintain the intention to divorce, the process is sent to the court.

What is the competent court for divorce actions?

According to the terms of Article 72 of the CPC, the competent court for divorce and separation of people and assets is
the competent court is the domicile or residence of the plaintiff.

Is the testimony of a party admissible?

No. In these actions, the testimony of a party provided for in article 452 of the CPC is not admissible, as they concern rights.
unavailable and because it concerns a confession under the terms of Article 352 and 354, paragraph b) of the Civil Code.

In the same way that if one of the spouses, after the attempt at reconciliation, has been summoned to contest an action for
divorce without the consent of the other spouse, and letting the deadline pass, as it involves non-assignable rights not
they produce the effects of default (confession).

What are voluntary jurisdiction processes.

The regime is regulated in article 986 and following of the CPC.

Article 986
Process rules
1 - The provisions of articles 292 to 295 apply to the processes regulated in this chapter (incidents of
instance).
2 - The court may, however, freely investigate the facts, gather evidence, order inquiries and collect the
convenient information; only evidence that the judge deems necessary is allowed.
3 - The sentences are issued within 15 days.
In voluntary jurisdiction proceedings, the appointment of a lawyer is not mandatory, except at the appeal stage.
Article 987.
Judgment criteria
In the measures to be taken, the court is not subject to strict legal criteria, but should instead adopt in each
if the solution you deem most convenient and timely.
Article 988
Value of the resolutions

1 - In voluntary jurisdiction processes, the resolutions can be amended, without prejudice to the effects already produced,
based on supervening circumstances that justify the change; what is referred to as supervening includes both
43
circumstances that occurred after the decision like the previous ones, that were not claimed due to ignorance
or another weighty reason.
2 - Resolutions issued based on criteria of convenience or opportunity are not subject to appeal.
Supreme Court of Justice.

At a conference for parents regarding changes to parental responsibilities, the father

I wanted shared custody and they asked if there is evidence to achieve that change.
Yes, for example in the terms of article 5, no. 6, of the RGPTC, whenever the child's interest justifies it, the court, the
request or ex officio, may proceed to the hearing of the child, at any stage of the process, in order that the
your testimony may be considered as evidence in subsequent procedural acts, including the
judgment.
Also in accordance with Article 21, during the instruction of the process, the judge, with a view to the substantiation of the

decision, takes testimony from the parties, their relatives, and other people whose relevance to the case is recognized,

specifically, individuals of special emotional significance to the child, with the testimonies documented in
auto; Order, whenever deemed appropriate, the specialized technical hearing and or mediation of the parties; Takes
statements to the technical teams of multidisciplinary technical advisory; Requests information from the teams
multidisciplinary technical advisory or, when necessary and useful, to external entities to be carried out within 30 days
Requests the preparation of a report by the multidisciplinary technical advisory team within a period of 60 days.
At any stage of the process and whenever he deems it necessary, the judge may appoint or request advisors.
external technicians, in order to assist in diligences, provide clarifications, conduct examinations or prepare
opinions.
Also, Article 29 of the same law, when there is a hearing for discussion and judgment, if it cannot be achieved
the reconciliation between the parents, moves on to the production of evidence, which begins with taking statements from the
parts that are present and the production of evidence is concluded, the word is given to the Public Ministry and to the lawyers

constituted, each of them may use it only once and for a time not exceeding 30 minutes.

Parents' conference, why did I put the value of the action at 30,000.01 if it is an urgent process, if the parties

reaching an agreement what should be taken into account, what is the particularity of this agreement;
In accordance with Article 303, paragraph 1 of the CPC, the value of actions regarding the status of individuals or intangible interests

are always considered to be of an equivalent value to the amount of the Appeal Court plus (euro) 0.01. That is, thirty thousand euros and one.

cent for the action to be subject to appeal to the Supreme Court of Justice.
They are urgent proceedings, under the terms of article 13 of the General Regime of Civil Guardianship Procedure, and they are pending.

during the judicial holidays, the processes whose delay may harm the interests of the child.

In an inventory process, more precisely in a bidding process, is it possible for anyone to do the
bidding.
No. Under the terms of article 1113 of the CPC, the bidding has the structure of an auction, being only admitted to
to solicit the direct interested parties in the sharing, except in cases where, under the law, they should also be admitted.
donors and legatees.

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Processo penal

Talk about the characteristics of the provisional suspension of the process (specificities in case of
domestic violence
Under the terms of article 281 of the CPP, if the crime is punishable by a prison sentence not exceeding 5 years or with a sanction

different from imprisonment, the Public Ministry, either ex officio or at the request of the defendant or the assistant, determines,

with the consent of the investigating judge, the suspension of the process, by imposing injunctions on the accused and
rules of conduct, whenever the following assumptions are verified:
a) Agreement of the defendant and the assistant;
b) Absence of prior conviction for a crime of the same nature;
c) Absence of previous application for provisional suspension of proceedings for the same type of crime;
d) There is no need for a security measure of hospitalization;
e) Absence of a high degree of fault; and
f) It is to be expected that compliance with the injunctions and rules of conduct adequately meets the requirements of
prevention that in this case should be felt.
Injunctions and rules of conduct can still be imposed on the defendant, either cumulatively or separately, such as
a) Compensate the injured party;

b) To provide the injured party with appropriate moral satisfaction;

c) Deliver to the State or to private social solidarity institutions a certain amount or provide a service.
of public interest;
d) Reside in a certain place;
e) Attend certain programs or activities;
f) Not to practice certain professions;
g) Not to frequent certain means or places;
h) Not residing in certain places or regions;
i) Not to accompany, house or receive certain people;
j) Not attending certain associations or participating in specific meetings;
l) Not having in your possession certain objects capable of facilitating the practice of another crime;

m) Any other behavior specifically required by the case.

3 - Without prejudice to the provisions of the previous number, concerning a crime for which a penalty is legally provided
accessory prohibition to drive motor vehicles, is necessarily opposable to the defendant the application of
injunction prohibiting the driving of motor vehicles.
The decision to provisionally suspend the process is not subject to challenge.
And in cases of unaggravated domestic violence, the Public Prosecutor's Office, through
a free and informed request from the victim, determines the provisional suspension of the process, with the agreement of the judge

of instruction and of the accused, provided that there is no previous conviction for a crime of the same nature and absence
of previous application for provisional suspension of proceedings for a crime of the same nature.

In the case of theft, the agreement of the assistant is waived when the act occurs in an establishment.
commercial, during the period of opening to the public, regarding the subtraction of movable things of minor value and
as long as there has been immediate recovery of these, except when committed by two or more people.
45
Temporary suspension of the process - method of responding to the order that cancels the suspension
According to the terms of Article 281, paragraph 6 of the CPP, the provisional suspension of the process is not subject to challenge; however,

A decision to revoke the suspension can be appealed under the general terms of Article 399 of the CPP.

Speak about the statements of the co-defendant to the detriment of another and refusal to answer the questions.
headquarters of contradiction.

Under the terms of article 345, paragraph 4, of the CP, the statements of a co-defendant cannot be used as evidence in

prejudice to another co-defendant when the declarant refuses to answer questions about the facts.
It will have to be corroborated by other means of proof.
Regarding the refusal to answer questions during the adversarial process, the defendant has the right to remain silent without

that may be harmed, namely by not responding to questions posed by any entity regarding the facts
what is attributed to them and about the content of the statements they provide regarding them, Article 61, No. 1, letter d) CPP.
At the hearing, the judge informs the accused that they have the right to make statements at any time during the proceedings.

hearing, as long as they refer to the subject of the process, without, however, being obligated to it and without the
your silence may be detrimental to you, article 343, no. 1 CPP. Similarly, the accused can refuse to answer to
some or all questions without it being to his disadvantage, art. 345, no. 1 CPP

If the judge does not inform relatives of the prerogative to refuse to testify as a witness.
In accordance with article 348 paragraphs 2 and 3 of the CPP, witnesses are heard one after the other, in the order in which

they were indicated, unless the president, for good reason, determines otherwise, being that the president
Start by asking the witness for their identification, as well as their personal, family, and professional relationships.
with the participants and for their interest in the cause, everything being mentioned in the minutes.

If the witness declares to be a relative, the judge must necessarily and under penalty of nullity, exercise the prerogative that

he assists in refusing the testimony, article 134, nº2 of the CPP.

In a court hearing of a domestic violence case, the victim is required to provide

statements, considering that he lived in a situation analogous to that of the spouses with the accused?

Under the terms of article 134, paragraph 1, item b) of the CPP, the victim may refuse to provide statements due to having been a spouse.

of the defendant concerning facts that occurred during the marriage or cohabitation.
The competent entity to receive the testimony warns, under penalty of nullity, the persons referred to in the number
the university that assists them in refusing the testimony.

Can witnesses have a lawyer?

Under the terms of Article 132, whenever a testimony is to be provided, even during an act prohibited to the public, the
a witness may be accompanied by a lawyer, who will inform them, when they deem it necessary, of the rights that
they assist him, without intervening in the inquiry. However, the lawyer who is the defender of the defendant in the process cannot

accompany witness

If possible/how, request the inquiry of a witness not listed by anyone, in the middle of
audience.
46
It is possible, as long as it was essential for the discovery of the truth. I would state in the minutes the request for that

witness was questioned under articles 316, no. 2 and 340 of the CPP, stating that I only became aware of
the existence of the witness, who is essential for the discovery of the truth since they witnessed the facts, being
indispensable for the ascertainment of the truth...

In fact, as this article states, the Public Ministry, the assistant, the defendant, or the civil parties can change
the role of witnesses, including requesting questioning beyond the legal limit, provided that the
additions or required changes can be communicated to others up to three days before the set date for
the audience.
However, after the list is presented, new witnesses from outside the jurisdiction cannot be offered, except if the one
to offer to present them at the hearing, being correspondingly applicable to the indication of experts and
technical consultants.

What types of crime do you know?

Public crimes, semi-public crimes, and private crimes.

Does the appeal have to have motivations and conclusions? And what happens if it doesn't?
In accordance with Article 411, paragraph 3 of the CPP, the request for the filing of the appeal is always justified, under penalty of

non-admission of the appeal, with the reasoning, in the case of an appeal filed by declaration in the minutes, being

filed within 30 days from the date of filing

According to the terms of Article 412 of the CPP, the motivation specifically states the grounds for the appeal and concludes by

formulation of conclusions, deduced from articles, in which the appellant summarizes the reasons for the request.

If it concerns a matter of law, the conclusions also indicate:

a) The violated legal norms;
b) The sense in which, in the appellant's understanding, the court below interpreted each rule or with which the
it was applied and the meaning in which it should have been interpreted or with which it should have been applied; and

c) In case of error in determining the applicable law, the legal norm that, in the appellant's understanding, should
be applied.
If on the contrary it contests the decision rendered on factual matters, the appellant must specify:
a) The specific factual points that you consider to be incorrectly judged;
b) The concrete evidence that imposes a decision different from the appealed one;

c) The tests that must be renewed.

4 - When the evidence has been recorded, the appellant must specifically indicate the passages on which it is based.
the challenge. the court proceeds to listen to or view the indicated passages and others that it considers
relevant for the discovery of the truth and the good decision of the case.

5 - When there are retained resources, the appellant must specify, in the conclusions, which ones are maintained.
interest.

What is the deadline to file an appeal?

According to Article 411 of the CPP, the deadline for filing an appeal is 30 days, and it is counted as follows:

a) From the notification of the decision;

b) In the case of a sentence, the respective deposit in the secretary;

47
c) In the case of an oral decision recorded in the minutes, from the date it was made, if the interested party
to be or to have to consider oneself present.

The appeal against the decision made in the hearing can be filed by simple declaration in the record.
3 - The request to file the appeal is always motivated, under penalty of non-admission of the appeal, and may the
motivation, in the case of an appeal filed by declaration in the minutes, must be presented within 30 days counted from the

date of filing.
5 - In the request for filing an appeal, the appellant may request that a hearing be held, specifying the
points of the motivation for the resource that you want to see debated.

6 - The request for intervention or the motivation is notified to the other affected parties involved in the process.
resource.

What is the average duration of an inquiry?

According to Article 276, paragraph 1 of the CPP, the Public Prosecutor's Office concludes the investigation, either filing it away or bringing charges.

the maximum deadlines of six months, if there are defendants in custody or under obligation to remain in their residence, or of

eight months, if there are none.

In a certain process, the attorney never speaks again. What to do?

When the deadlines set by law for the duration of each phase of the process have been exceeded, the
Public Ministry, the accused, the assistant or the civil parties to request the acceleration of the procedure in accordance with the article

108 from CPP.

The request is decided:
a) By the Attorney General of the Republic, if the process is under the direction of the Public Ministry;
b) By the Superior Council of the Judiciary, if the process is taking place before the court or the judge.

Judges who have participated in any way in the deliberation are prohibited from intervening.
process.

How can the investigation end?

1. With the accusation dispatch from the Public Prosecutor's Office or the Assistant in accordance with articles 283 and 284 of the CPP

2. With filing order pursuant to Article 277 of the CPP

3. With filing dispatch in case of penalty waiver under Article 280 of the CPP
4. With the order for provisional suspension of the process in accordance with article 281 of the CPP

If it is filed, how can one react?

If the inquiry is archived, there may be a possibility of opening an instruction within 20 days from the order.
filing under the terms of Article 286 and following of the CPP, or the request for hierarchical intervention, which must be

required by the assistant within 20 days from the end of the deadline for opening instructions in accordance with
Article 278 of the CPP

How is the process brought to an end during the instruction phase?

By the ruling of non-pronouncement under the terms of articles 307, no. 1 and 308, no. 1 of the CPP.

48
In fact, once the instructive debate is closed, the judge issues a ruling of indictment or non-indictment, which is then immediately

dictated for the minutes, considering those present as notified, being able to support by reference to the reasons for
facts and rights stated in the accusation or in the request for the opening of the instruction.

If, up to the closure of the instruction, sufficient evidence has been collected that the
conditions upon which the imposition of a penalty or a security measure upon the defendant depends, the judge, by
dispatch, pronounces the accused for the respective facts; otherwise, issues a ruling of non pronouncement.

Can the defendant respond to the order of indictment? Can the assistant respond to the order of non-indictment?
As a general rule, no! It goes to trial. However, attention must be paid to the provision of article 310, no. 1 of the CPP, in which

it prescribes that the instructional decision that pronounces the defendant for the facts stated in the prosecution of the Ministry

Public, it is unappealable, even in the part where it examines nullities and other preliminary or incidental issues, and
determines the immediate sending of the case files to the competent court for judgment.
That is, it is not possible to appeal when there is convergence between the Public Prosecutor's Office and the investigative judge regarding the existence

of indications of the practice of the crime. But if there is a disagreement, there is no rule that prohibits the submission of

resource.

What is the purpose of the instruction?

According to Article 286 of the CPP, the instruction is optional and aims to provide judicial proof of the decision to deduce.

accusation or to file the inquiry in order to submit or not to submit the case to trial.
Note that there are no instructions in the forms of special processes.

Is it possible to withdraw the complaint in a domestic violence case?

No, because it is a public crime that does not depend on a complaint for the Public Prosecutor's Office to proceed with the procedure.

criminal, the logo is not subject to waiver and withdrawal of complaint under the terms of article 116 of the CP.

Constitution of assistant
The constitution of an assistant is provided for in articles 68 to 70 of the CPP. The request for constitution is directed to the Judge.

of Instruction.
Assistants can be constituted in the criminal process, in addition to the persons and entities to whom special laws confer.

this right:
a) The offended parties, considering themselves as such the holders of the interests that the law especially intended to protect with the

criminalization, provided that they are over 16 years old;

b) The people whose complaint or private accusation the procedure depends on;
c) In the event that the victim dies without having withdrawn the complaint, the surviving spouse who is not judicially separated from

people and goods or the person, of another or the same sex, who lived with the offended in conditions analogous to those of

spouses, descendants and adoptees, ancestors and adoptive parents, or, in their absence, siblings and their descendants,
unless any of these people has participated in the crime;
d) In the case of the victim being under 16 years old or for another reason incapable, the legal representative and, in their absence, the ...

persons referred to in the previous paragraph, in the order mentioned therein, or, in the absence of the others, the entity or

institution with responsibilities for protection, guardianship or education, when this has been judicially
entrusted to your responsibility or custody, unless any of them has assisted or participated in the crime;
49
e) Any person in crimes against peace and humanity, as well as in crimes of influence peddling,
personal favoritism practiced by an employee, denial of justice, prevarication, corruption, embezzlement
economic participation in business, abuse of power and fraud in obtaining or diverting subsidy or grant.
Regarding the deadlines for incorporation:
In the case of a procedure dependent on a private accusation, the request must be made within a period of 10 days.
to report the complaint.

In cases of public or semi-public crimes, the assistants may intervene at any time in the process,
accepting it in the state it is in, as long as they request it from the judge:
a) Up to five days before the start of the instructional debate or the trial hearing;
b) Up to 10 days after the notification of the accusation by the Public Prosecutor's Office, if they also wish to present an accusation.

for the same facts or for others that do not imply substantial change
c) Deadline for opening instruction – 20 days
d) The deadline for filing an appeal against the judgment.
The judge, after giving the Public Ministry and the accused the opportunity to express their views on the request,
decided by dispatch, which is then notified to those.
During the inquiry, the constitution of the assistant and the related incidents may proceed separately, with
joining the necessary elements for the decision.
The assistants hold the position of collaborators of the Public Ministry, to whose activity they subordinate their intervention.

in the process, save for exceptions of the law, which is for example in private crimes.
The competencies of the assistants are as follows:
a) Intervene in the inquiry and the instruction, providing evidence and requesting any diligences that may be deemed necessary and
to know the decisions that will be made regarding such initiatives;
b) Deduce accusation independent of that from the Public Prosecutor's Office and, in the case of a procedure dependent on accusation

in particular, even though he does not plead it;

c) Interpose an appeal against decisions that affect them, even if the Public Ministry has not done so, providing for the
effect, of access to essential procedural elements, without prejudice to the regime applicable to secrecy of justice.
The assistants are always represented by a lawyer. If there are several assistants, they are all represented by one.
only lawyer except if there are conflicting interests among the various assistants, as well as being different the
crimes attributed to the defendant. In this last case, each group of people to whom the law allows the constitution as
an assistant for each of the crimes can hire a lawyer, however, it is not lawful for each person to have more than
a representative.
The assistants may be accompanied by a lawyer in the proceedings in which they intervene.

Private accusation
In terms of Article 50 of the CPP, if the criminal procedure dependent on private accusation is necessary, it is required that the

holder of the right to complain, if he complains, if he becomes an assistant and submits a private accusation

The articles are as follows:

Regarding the holder of the right to complain/legitimacy, it is article 113, no. 1 of the Penal Code that prescribes that: When the

criminal proceedings depend on a complaint, the one who has legitimacy to present it, unless otherwise provided, is the
offended, considering as such the holder of the interests that the law specifically intended to protect with the incrimination.

50
Regarding the complaint, it is article 246, no. 4 of the CPP, which stipulates that: The whistleblower may declare, in the report,

that wishes to become an assistant. In the case of a crime whose procedure depends on a private accusation, the
declaration is mandatory, and in this case, the judicial authority or the criminal police body to whom the
report is made verbally to warn the complainant of the obligation to appoint an assistant and of the
procedures to be observed.

Regarding the constitution of an assistant, deadlines, and representation, it is Article 68, paragraph 1, item b) and paragraph 2, and Article 70.

number 1 of the CPP which prescribes the following:

Assistance may be constituted in criminal proceedings, in addition to the individuals and entities granted such by special laws.

this right, the people whose complaint or private accusation the procedure depends on within 10 days from
from the complaint.

The assistants are always represented by a lawyer. If there are several assistants, they are all represented by one.
only lawyer. If there is a disagreement regarding the choice, the judge will decide.

Regarding the accusation, it is Article 69, paragraph 2, item b) and Article 285 of the CPP that prescribe the following:

Compete especially to the assistants: to deduce accusations independently of those of the Public Ministry and, in the case of

procedure dependent on private accusation, even if the latter does not file it;
Upon completion of the investigation, when the procedure depends on private prosecution, the Public Prosecutor notifies the assistant.

so that this deduces in 10 days, if desired, private accusation.

The Public Ministry indicates whether sufficient evidence was gathered to verify the crime and who committed it.
agents.
The accusation order contains the same as the accusation order for public and semi-public crimes.

Relevance of process to express in the criminal complaint the interest of filing charges.
In private crimes, since the criminal procedure depends exclusively on the private accusation of the offended party
In terms of Article 50 of the CPP, and not of the MP, it is pertinent that the assistant submits a private accusation within the period of

10 days, ending the inquiry from the notification of the Public Prosecutor's Office, under the terms of article 285 of the CPP. If I do not do so, the process

it will be archived.

Effects of the defendant's confession with reservation and without reservation

Under the terms of article 344, no. 1, and no. 2, in case the defendant states that he intends to confess the facts attributed to him

accused, the president, under penalty of nullity, asks him if he does it of his own free will and without any coercion,
as well as proposing to make a complete and unconditional confession.
The full and unconditional confession implies:
a) Waiver of the production of evidence related to the alleged facts and consequent consideration of these as proven;
b) Immediate transition to oral arguments and, if the defendant should not be acquitted for other reasons, to
determination of the applicable sanction; and

c) Reduction of the court fee by half.

However, it does not apply if there are co-defendants and there is no full, unconditional, and coherent confession from all.
they, or if the court, in its conviction, suspects the free nature of the confession, namely due to doubts about the
51
full accountability of the defendant or the truth of the confessed facts or the crime is punishable by imprisonment
over 5 years.

When is it that, even with a full confession and without reservation, evidence production is carried out?
According to the terms of article 344, paragraph 3 of the CPP, if there are co-defendants and full confession is not verified, without reservations and

coherent with all of them or the court, in its conviction, suspects the free nature of the confession, namely for
doubts about the full accountability of the accused or the truth of the confessed facts, or even the crime is
punishable by a prison sentence of more than 5 years.

Competence of the Collective Court

Under the terms of Article 14 of the CPP, it is the responsibility of the collective court, in criminal matters, to judge the cases that do not

being judged by the jury court, respecting crimes against cultural and personal identity and crimes against
the state. It is also the collective court's responsibility to adjudicate the cases that should not be judged by the singular court,

they will respect crimes:

a) Willful or aggravated by the outcome, when it is an element of the type the death of a person; or
b) Whose maximum sentence, abstractly applicable, is more than 5 years in prison even when, in the case of competition
of infractions, whether below the maximum limit corresponding to each crime.

There can be an acquittal in the criminal sentence combined with a conviction in the request for civil indemnity.

(PIC)?
Yes, under the terms of Article 84 of the CPP, which provides that the criminal decision, even if acquitting, that addresses the

Civil request constitutes res judicata in the terms in which the law attributes the effectiveness of res judicata to civil sentences.

The articles related to the principle of adhesion are as follows:

Article 129 of the Penal Code

Civil liability arising from crime

Compensation for losses and damages resulting from a crime is regulated by civil law.

There may be reading in the judgment of statements made by the defendant previously - in which
conditions?
Yes, it can. According to Article 357 of the Criminal Procedure Code (CPP), if the person himself requests the reading of the same, and in this case, regardless of the

entity before which they have been provided;

Or when these statements have been made before a judicial authority with the assistance of a defense lawyer and the accused.
you have been informed that if you do not remain silent, the statements you provide may be used in
judgment, even if at the hearing it refers to silence, or even if not present at the same, being
these statements are subject to free appraisal of evidence, but do not count as confession if read;
That is to say, if the defendant remained silent during the interrogation, their statements can never be interpreted.
in a hearing. If not submitted, they can be read, but do not count as confession.

Indirect Testimony
Provided in article 129 that prescribes if the testimony results from what has been heard from certain people, the judge
You can call these to testify. If you do not, the testimony produced cannot, in that part, serve as a means of
52
test, unless the inquiry of the indicated persons is not possible due to death, subsequent mental anomaly or
impossibilidade de serem encontradas. Mas não se ao caso em que o depoimento resultar da leitura de documento de
authorship of a person different from the witness.

Under no circumstances can the testimony of someone who refuses or is not in a position to do so serve as evidence.
indicate the person or source through which you became aware of the facts.

Change of legal qualification when there is confession

Two possible situations provided for in articles 358 and 359 of the CPP: whether the change is substantial or not substantial
If the confession results in a non-substantial alteration of the facts described in the accusation or in the indictment, if any,
with regard to the decision of the case, the president, either officially or at the request, notifies the defendant of the amendment

and grants him, if he requests it, the strictly necessary time for the preparation of the defense, except if the change
derived from facts alleged by the defense or from confession.
That is to say, if the confession leads to a result, the court only communicates the change, and no time for defense is required.

If the confession leads to a substantial change in the facts described in the accusation or in the pronouncement, it cannot be
taken into account by the court for the purpose of conviction in the ongoing proceedings, nor does it imply the extinction of

instance. The communication of the substantial alteration of the facts to the Public Prosecutor serves as a complaint for them to

proceed with the new facts, if these can be made autonomous in relation to the subject of the case.
However, if the Public Prosecutor, the defendant, and the assistant are in agreement, the court may continue to adjudicate.
new facts, if they do not determine the incompetence of the court, but in this case the judge grants the defendant,
(but only if this is required), deadline for preparing the defense not exceeding 10 days, with the consequent postponement of

hearing, if necessary.

Does the assistant pay court fees when filing a criminal appeal?
Yes, under the terms of article 8, no. 9, which refers to table 3, in an appeal to the Court of Appeal the assistant will pay between

4 to 8 UC's.

Request for constitution as an assistant in a private accusation crime, to whom is it addressed?

The request is addressed to the criminal investigating judge.

What is the deadline for the Hierarchical intervention? If it were also archived, could I request its reopening?

of
instruction?
According to Article 278 of the CPP, the deadline to request hierarchical intervention is 20 days from the date that has already
it will not be possible to request the opening of an instruction. Thus, it will not be possible to request the instruction later.

What is asked of character witnesses?

Under the terms of Article 128 of the CPP, character witnesses are questioned about facts related to personality and
to the character of the accused, as well as to his personal circumstances and his previous conduct.

This type of witness is only permitted to the strictly necessary extent to prove the constitutive elements.
committing a crime, namely the culpability of the agent, or for the application of a coercive measure or property guarantee.

53
Complaint, withdrawal of complaint and renewal of complaint.

Regarding the complaint, articles 113 and following of the Penal Code address this matter:

Because the socioeconomic condition of the defendant is relevant when determining the amount of
fine penalty?
Article 71 of the Penal Code prescribes what must be considered in determining the penalty measure.

That is to say, the fine must represent a condemnation of the fact, and simultaneously a guarantee for the
community of the validity and effectiveness of the violated norm, considering all circumstances related to guilt,
regarding general and special prevention, everything that concerns the economic and financial situation should be taken into account.

of the condemned, to be considered in the phase of establishing the daily amount of the fine. It should also always be
ensured to the condemned the minimum existential level appropriate to their socioeconomic conditions.

In a trial hearing, if the client is absent because they were in the hospital, what happens?
Is the hearing taking place?

The absence is justified under the terms of Article 117 of the CPP.
The absence motivated by a fact not attributable to the absentee that prevents them from attending the event is considered justified.

procedure for which he was summoned or notified.

The impossibility of attendance must be communicated five days in advance, if foreseeable, and on the day
and the designated time for the practice of the act, if it is unpredictable. The communication includes, under penalty of non-justification of

missing, the indication of the respective reason, of the place where the absentee can be found and of the expected duration of

impediment.
The evidence of the impossibility of appearance must be presented with the referred communication.
in the previous number, except in the case of an unforeseen impediment communicated on the same day and time, in which case,

for justified reasons, they can be submitted up to the third working day following. No more than three can be indicated.
witnesses.
If illness is claimed, the absent person must present a medical certificate specifying the impossibility or serious inconvenience.

no-show and the likely duration of the impediment. The judicial authority can order the
appearance of the doctor who signed the certificate and have another doctor verify the truth of the allegation
disease.
If it is impossible to obtain a medical certificate, any other means of evidence is admissible.

If unable to attend, but still able to provide statements or testimony, this will be carried out.
It will be on the day, hour, and place that the judicial authority designates, with the assistant physician being heard, if necessary.

According to the terms of article 333, no. 2 and no. 3 of the CPP, the hearing will not be postponed if the court considers that the

The hearing can start without the presence of the defendant. In the case referred to in the previous number, the defendant retains the right.

to make statements until the end of the hearing and, if it occurs on the first scheduled date, the lawyer
constituted or the appointed defender of the accused may request that he be heard on the second date set by
judge under paragraph 2 of article 312 of the CPP

54
Do assistants and civil parties take an oath? And those under 16 years old?
Under the terms of Article 145, paragraph 4 of the CPP, the provision of statements by the assistant and by the civil parties is not

preceded by an oath.
Similarly, those under 16 years old do not take an oath in accordance with the article.
91, no. 6 of the CPP

Convicted with a fine, but does not want to pay, what can happen? And what alternatives does he have?
The penalty of a fine is regulated in Article 47 and following of the Penal Code.

It is set in days, according to the criteria for the application of penalties provided for in Article 71 of the Penal Code.

The fine penalty is generally applied, with a minimum limit of 10 days and a maximum of 360 days.

Each day of fines corresponds to an amount between 5 euros and 500 euros, which the court sets based on the situation.
economic and financial situation of the convicted person and their personal expenses.

Whenever the economic and financial situation of the convicted person justifies it, the court may authorize the payment of

fine within a period not exceeding 1 year, or allow payment in installments, the last one not being able to
to extend beyond the 2 subsequent years from the date of the final judgment of the conviction.

The non-payment of one of the installments results in the maturity of all.

In the case where the convicted person does not want to pay the fine voluntarily or coercively, a substitute prison sentence is carried out.

for the corresponding time reduced to two thirds, even if the crime were not punishable by imprisonment, not applying,
for this purpose, the minimum limit of days in prison.
Being able at all times to avoid, totally or partially, the execution of the subsidiary imprisonment by paying, in whole or in part,

part, the fine to which he was sentenced.

If the convicted person proves that the reason for not paying the fine is not attributable to them, the execution of the prison may be

subsidiary to be suspended for a period of 1 to 3 years, provided that the suspension is subject to compliance with
duties or conduct rules of non-economic or financial content. If the duties or conduct rules do not
if fulfilled, supplementary imprisonment is executed; if they are fulfilled, the sentence is declared extinguished.

You may alternatively request that the imposed fine be wholly or partially replaced by days of work in
establishments, workshops or works of the State or other legal entities of public law, or even of
private social solidarity institutions, when concluding that this form of compliance is carried out effectively
adequate and sufficient for the purposes of punishment.

Principle of presumption of innocence

The rule 'in dubio pro reo', as a manifestation of the principle of the presumption of innocence - a structuring principle of
Criminal procedure is provided for in Article 32, paragraph 2 of the Constitution of the Portuguese Republic.

The principle of in dubio pro reo constitutes an imposition directed at the judge to rule in a way
in favor of the defendant, when there is no certainty about the key facts for the decision of the case.
There is no burden of proof on the parties involved in the proceedings, and the court must investigate.
independently of the truth, it should not disadvantage the accused whenever the evidence of the fact is not achieved; this

because the principle in dubio pro reo, one of the aspects of the constitutional principle of the presumption of innocence

contemplates, imposes a binding guideline directed at the judge in the event of a persistent doubt about the facts:
In such a situation, the court must decide in favor of the accused.

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Does changing from simple theft to qualified theft constitute a change in legal qualification?
Yes. The mere alteration of the legal qualification, aggravating the punitive framework, constitutes only a change.
substantial facts subject to the regime provided for in Article 359 of the Code of Criminal Procedure.

It is closely related to the imposition of the thematic binding of the process that directly arises from the
accusatory structure of the criminal process, constitutionally guaranteed.
A substantial change in the facts means a structural modification of the facts described in the accusation, in such a way
that the proven facts are different, with essential elements of divergence that aggravate the position
process of the defendant or make them unsustainable, incorporating consequences that were not included in
descrição da acusação.

Initial Exhibitions and Final Allegations

They are provided for in articles 339 and 360 of the CPP.

Article 339
Introductory exhibitions
1 - After the introductory acts referred to in the previous articles are completed, the president orders the removal from the room of the

people who must witness, being able to proceed in the same way regarding other people who must be
hearing, and makes a succinct presentation about the object of the process.

2 - Then the president gives the floor, in the indicated order, to the Public Prosecutor's Office, to the lawyers of the assistant,

of the injured party and the civil liable party and to the defender, so that each of them may indicate, if they so wish, summarily and

within ten minutes, the facts that it proposes to prove.

3 - The president actively regulates the exhibitions referred to in the previous number, in order to avoid digressions.
repetitions or interruptions, as well as those that turn into preliminary allegations.
4 - Without prejudice to the regime applicable to the alteration of facts, the discussion of the case is concerned with the alleged facts

by the prosecution and defense and those resulting from the evidence presented in the hearing, as well as all solutions

relevant legal matters, regardless of the legal qualification of the facts resulting from the accusation or the indictment,
considering the purposes referred to in articles 368 and 369

Article 360.
Oral allegations
1 - At the conclusion of the production of evidence, the president grants the floor, successively, to the Public Prosecutor's Office, to the lawyers

of the assistant and the civil parties and the defender, for oral arguments in which they present the conclusions, of fact and of
law, that they have extracted from the produced evidence.

It is permissible to reply, to exercise only once, but always the defender, if they ask for the floor, shall be the last to speak,

under penalty of nullity. The reply must remain within the strictly necessary limits for the refutation of the
arguments against that have not been previously discussed.
3 - The oral statements cannot exceed one hour for each of the participants and the rebuttals twenty minutes; the
the president may, however, allow the person who has exhausted the maximum time to continue speaking
legally consented, thus fundamentally requesting it based on the complexity of the case.

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4 - In exceptional cases, the court may order or authorize, by order, the suspension of the allegations for
production of subsequent means of evidence when this proves to be indispensable for the good decision of the case; the

the dispatch sets the time granted for that purpose.

Procedural subjects
All those who intervene in the process are procedural subjects.
We must distinguish between procedural subjects and procedural participants/interveners:
Procedural participants are all individuals, legal entities, and organizations that, in any capacity, have intervention.
in the process and participate in the process, acquiring a status that grants them rights and duties procedurally
relevant. Its activity is exhausted in the act of being called to practice within a process (e.g., to provide
declarations).
The procedural subjects are those who can, through their actions, shape the course of the process, conduct
actively shapes the process in which it intervenes. They can shape the final decision. Their action is much broader in
two participants.
For example, a witness is involved in the process, participates in it, but cannot be characterized as a
procedural subject. That is, all those who intervene in the process are procedural participants, but not all
adquirem a qualidade de sujeitos, pois estes, tem o poder de conformar o processo e de condicionar com a sua
activity the very course of the process, through rights and duties
self-employed.
This difference is explained by the fact that only some are granted a set of powers, susceptible to
to conform to the final decision of the case.

What would happen if they were absent on the second date, just like the defense witnesses?
According to Article 116 of the CPP, in case of unjustified absence, the judge condemns the absent party to pay a sum.
between 2 UC and 10 UC or may order, ex officio or at the request, the detention of anyone who has been absent
unjustifiably for the time necessary for the completion of the diligence and, likewise, condemn the offender to
payment of expenses incurred due to your non-appearance, namely those related to notifications,
files and relocation of people. In the case of the accused, a prison measure may still be applied to him.
preventive, if this is legally admissible.
If the offense is committed by the Public Prosecutor's Office or by a lawyer appointed or designated in the process, it is reported.

knowledge, respectively, to the hierarchical superior or to the Order of Lawyers.

Regarding the proceedings of the hearing, the absence of the assistant, witnesses, experts, or consultants
technicians or civil parties do not justify the postponement of the hearing. The assistant and the civil parties are, in this case,

represented for all legal purposes by their respective appointed lawyers.

If the president, officially or at the request of someone, decides, by order, that the presence of any of the people is
essential to a good decision of the case and it was not foreseeable to obtain their attendance with the simple
interruption of the hearing, witnesses are questioned and the assistant, experts or technical consultants are heard or
the civil parties present, even if it implies changing the order of evidence production

Distinction between witness and expert

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The expert is a technical professional and, as such, is not subjected to "inquiry" by the parties, of any
interested, from the Public Prosecutor's Office and much less from the judge who presides over the Instruction and Trial Hearing.

The legal nature is different between the expert and the witness, it is enough to observe the subjectivity of one and the
objectivity of another, for while the witness narrates the events, according to the perception of their senses,
otherwise, the expert brings exclusively technical solutions in the investigation of the questioned fact and always based on
absolutely scientific data and never with the subjective scope of mere 'visual appreciation'.

Who oversees the criminal police authorities?

Under the terms of article 56 of the CPP, the criminal police authorities act, in the process, under the direction of the authorities.

judicial and in its functional dependence

A certain individual was seen on a particular street in Coimbra, with a somewhat suspicious appearance, trying to open the

closing doors, banging on windows, kicking trash cans, etc. The locals, fearing that
if it was one of these types from Daesh, called the PSP. Upon arrival at the scene, the agents ask for
identification of the suspect, but he did not have it, they took him to the supposed house where he lived for him to

would have to fetch the documents or contact someone who could identify him, but the doors were
closed and the alleged house with an air of abandonment. Exhausting the options, they take him to the police station to

they will proceed to identification. Is this procedure correct? However, the PSP takes longer than the
supposed to identify him. The subject would have been taken there by 10 a.m., and it was 9 p.m. and he was still
It would not have been released. I was on duty and was appointed as the public defender for the suspect. What about the law?

The procedure in the first part of the hypothetical case is correct. In fact, this procedure is provided for in
Article 250 of the CPP regarding the identification of the suspect and request for information.

The criminal police agencies can proceed to identify any person found in a public, open place.
to the public or subject to police surveillance, whenever there are reasonable suspicions of the commission of crimes against it

pending extradition or expulsion process, of having entered or remaining irregularly in

national territory or having a detention warrant against you.
Before proceeding with identification, criminal police authorities must prove their quality, communicate to the
I suspect the circumstances that underpin the obligation of identification and indicate the means by which this can be achieved.

identify.
The suspect can identify themselves by presenting one of the following documents:
a) Identity card or passport, in the case of being a Portuguese citizen;
b) Residence permit, identity card, passport or document that substitutes the passport, in case it is
foreign citizen.
In the event of being unable to present one of the documents, the suspect may identify themselves by presenting
from the original document, or authenticated copy, that contains your full name, your signature, and your photograph.
If you do not have any identification documents, the suspect can identify themselves by one of the following
means:
a) Communication with a person who presents their identification documents;
b) Transfer, accompanied by criminal police authorities, to the place where their documents are located
identification;

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c) Recognition of your identity by an identified person who ensures the veracity of personal data
indicated by the identifying.
Já relativamente ao tempo de detenção não poderia ultrapassar as 6 horas. Pois nos termos do mesmo artigo, na
Inability to identify, law enforcement agencies may take the suspect to the police station more
next and compel him to remain there for the strictly necessary time for identification, in no case superior
at six o'clock, carrying out, in case of necessity, fingerprinting, photographic tests, or similar nature.
inviting or identifying to indicate residence where they can be found and receive communications.
The identification acts carried out under the terms of the previous number are always recorded in an official report and the evidence of

his identification constants are destroyed in the presence of the identifying party, at their request, if the suspicion does not arise

confirm.
The criminal police authorities can request the suspect as well as any persons likely to provide
useful information, and to receive from them information related to a crime and, namely, to the discovery and
preservation of evidence that could be lost before the intervention of the judicial authority.
The identified person will always have the opportunity to contact someone they trust.
Thus, dealing with an illegality, I would take the measure of Habeas corpus due to
illegal detention provided for in article 220 of the CPP, with the request being directed to the instructing judge in the area.

Difference between suspect and accused

According to the definition in Article 1, paragraph 1, item e) of the CPP, a suspect is "any person with respect to whom
there is evidence that he/she has committed or is preparing to commit a crime, or that he/she participated in or is preparing to

participate." The suspect does not enjoy any special status and is not formally established as such.
Anyone against whom an accusation is made or an instruction is requested assumes the status of a defendant.
criminal procedure" under the terms of article 57, no. 1, of the CPP. Before an accusation is made, there is a need for constitution

of the defendant in certain cases, such as when an investigation is initiated against a specific person and this person provides

statements.
The constitution as the accused operates through communication, oral or written, made to the targeted person by an authority.

judicial or by a criminal police agency, from which date it should be considered as accused, with
explanation of your rights and duties.

Imagine that the Public Ministry was to bring charges for a private crime, without there being a complaint from the assistant.

What was I doing?

Request to open proceedings to argue nullity

What processes exist in criminal law? What are the special ones?

Common process and special process

The special proceedings are: the summary process, the abbreviated process, the very summary process.

Example of a private crime

The crime of slander or defamation

What is an abbreviated process?

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Provided for in Article 391-A and subsequent articles of the CPP. Process used when the evidence is simple and evident, that

there is sufficient evidence that the crime occurred and who its perpetrator was, in the case of a crime punishable by
penalty of a fine or with a prison sentence not exceeding 5 years, the Public Ministry, in light of the report or after
conduct a summary inquiry, deduce charges for trial in abbreviated proceedings.
Crimes punishable by imprisonment with a maximum penalty exceeding 5 are still judged in an expedited process.
years, even in the case of concurrent offenses, when the Public Prosecutor's Office, in the accusation, believes that it should not

to be imposed, in concrete, a prison sentence of more than 5 years.

It is considered that there are simple and evident proofs when:

a) The agent has been caught in the act and the trial cannot take place in the form of proceedings
summary;
b) The evidence is essentially documentary and may be collected within the period allowed for the submission of the accusation; or

c) The evidence relies on eyewitnesses with a uniform account of the facts.

The accusation by the Public Prosecutor's Office must contain the same elements as the accusation in an ordinary process.

The identification of the defendant and the narration of the facts can be carried out, in whole or in part, by reference to the

news report or for the complaint.

The accusation is made within 90 days from:
a) Acquisition of the news of the crime in the case of a public crime; or

b) Filing a complaint in the other cases.

If the procedure depends on private prosecution, the accusation by the Public Prosecutor's Office takes place after it has been lodged.

accusation.
After receiving the records, the judge addresses the zoning issues of the case and if he does not dismiss the accusation, the
The judge schedules a date for the hearing, with precedence over judgments in common proceedings, without prejudice to

priority to be given to urgent processes.

The court only sends the case files to the Public Prosecutor's Office for processing under another procedural form when it is verified that the

inadmissibility, in this case, of the abbreviated process.

If, after receiving the case files, the Public Ministry files charges in a common process with intervention of
single tribunal or request the application of a penalty or non-custodial security measure in process
summary, the competence for the respective knowledge remains with the competent court for the judgment
in abbreviated form.
The judgment is governed by the provisions relating to judgment in common procedure, with the amendments provided.
in this article. Once the evidence production is concluded, the floor is given to the Public Ministry, to the representatives of

assistant and the civil parties and the defense, who may use it for a maximum of thirty minutes, extendable
se necessário e assim for requerido. É admitida réplica por um máximo de dez minutos.
The sentence is then orally pronounced and contains:
a) The summary indication of proven and unproven facts, which can be made by referring to the accusation and
defense, with concise indication and critical examination of the evidence;

b) A concise exposition of the factual and legal reasons that support the decision;
c) In case of conviction, the succinct reasons that governed the choice and measure of the sanction applied;
A copy of the recording is always delivered to the defendant, to the assistant, and to the Public Ministry within 48 hours, unless

those who expressly declare to waive the delivery, without prejudice to any procedural subject in power
request in accordance with paragraph 4 of article 101.

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If a penalty of deprivation of liberty is applied or, exceptionally, if the circumstances of the case make it necessary,
the judge, shortly after the discussion, writes the judgment and proceeds to read it.
An appeal is only admissible against the ruling or order that concludes the proceedings.
Except in the case provided for in paragraph 4 of article 389-A, the deadline for filing the appeal is counted from the delivery.
from the copy of the recording of the sentence

Witness goes abroad. What to do?

Under the terms of article 271 of the CPP, in the case of serious illness or travel abroad of a
witness, who will presumably prevent her from being heard in trial, as well as in cases of crime victim
human organ trafficking, human trafficking or against freedom and sexual self-determination, the investigating judge, the
request of the Public Prosecutor's Office, of the accused, of the assistant or of the civil parties, may proceed to its inquiry in

course of the inquiry, so that the testimony can, if necessary, be taken into account in the judgment.
In the case of a trial for a crime against the freedom and sexual self-determination of a minor, proceedings are always initiated.

inquiry of the offended party during the investigation, as long as the victim is not yet an adult, being the taking of

statements are made in an informal and private environment, aimed at ensuring, in particular, spontaneity and
the sincerity of the answers, with the minor being assisted during the process by a technician
especially qualified for your follow-up, previously appointed for that purpose.
To the Public Prosecutor's Office, to the accused, to the defense attorney, and to the lawyers of the assistant and the civil parties, the communication is made

the day, time, and place of the testimony so that they can be present, attendance is mandatory
of the Public Prosecutor's Office and of the defender.

The inquiry is conducted by the judge, followed by the Public Prosecutor's Office, the lawyers of the assistant and the civil parties.
and the defense attorney, in this order, shall ask additional questions.

The taking of statements does not prejudice the giving of testimony in a judgment hearing, whenever it is
possible and does not jeopardize the physical or mental health of the person who should provide it.

A client arrives at your office with an accusation. What can you do and what is the timeframe?
Opening of instruction under the terms of articles 286 and 287 of the CPP within 20 days from the date of notification. Or
then present the defense and list of witnesses in accordance with Article 315 of the CPP within 20 days from the
notification of the order that sets the date for the hearing.
Note that these deadlines benefit the deadlines of the other defendants. In other words, one can count the deadline from the

deadline the defendant who was notified last.

The defense is not subject to special formalities.
Along with the list of witnesses, the defendant indicates the experts and technical consultants who should be notified.
for the audience.

The notification was deposited in the defendant's mailbox on August 11th. When is it considered
Notified? What is the first day of the deadline?

Under the terms of article 113, paragraph 3 of the CPP3 - When notifications are made by simple postal means, the official
judicial includes a quota in the process with the indication of the date of issuance of the letter and the residence to which it was sent

sent, and the postal service distributor deposits the letter in the recipient's mailbox, drafting a statement.
indicating the date and confirming the exact location of the deposit, and sending it immediately to the service or the referring court,

61
considering the notification made on the 5th day after the date indicated in the declaration made by the distributor of
postal service, with this penalty that must be included in the notification act. Thus, it is considered notified on the 16th of
August, with the 17th being the first day of the deadline.

Principle of the sufficiency of the criminal process.

It is provided in article 7 and article 71 and following of the CPP

Article 7
Sufficiency of the criminal process

1 - The criminal process is initiated independently of any other and it resolves all issues that
they will be interested in the decision of the case.

2 - When, to ascertain the existence of a crime, it is necessary to judge any non-criminal issue that does not
it can be conveniently resolved in the criminal process, the court may suspend the proceedings for a decision to be made
this matter in the competent court.
3 - The suspension can be requested, after the accusation or the request for the opening of the instruction, by the Prosecutor's Office.

Public, by the assistant or by the defendant, or be ordered ex officio by the court. The suspension cannot, however,
hinder the completion of urgent evidence collection procedures.
The court sets the suspension period, which can be extended for up to one year if the delay in the decision is not
attributable to the assistant or the accused. The Public Prosecutor's Office can always intervene in the non-criminal process to

promote your swift progress and inform the criminal court. If the deadline has passed without the preliminary issue being addressed.

if resolved, or if the action has not been filed within a maximum period of one month, the issue is decided in the process
penal.

Article 71
Principle of adhesion
The claim for civil compensation based on the commission of a crime is made in the corresponding criminal proceedings, only the

being able to be separately, before the civil court, in the cases provided for by law.

Article 72.
Separate order
1 - The claim for civil compensation may be made separately, before the civil court, when:
a) If the criminal process has not led to the accusation within eight months from the report of the crime, or if it is
in progress during this lapse of time;
b) The criminal process has been archived or provisionally suspended, or the procedure has been terminated beforehand.
of the trial;
c) The procedure depends on a complaint or private accusation;
d) If there is no damage yet at the time of the accusation, it is not known or not known in whole
its extension;
e) If the criminal sentence has not ruled on the request for civil compensation, in accordance with paragraph 3 of the article

82nd

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f) For deducted against the accused and other persons with merely civil liability, or only against them
has been provoked, in this action, the main intervention of the defendant;
g) The value of the request allows for civil intervention by the collective court, and the criminal process should proceed before

singular tribunal;
h) The criminal process shall proceed in a summary or simplified manner;

i) The injured party has not been informed of the possibility of filing a civil claim in the criminal proceedings or notified to the
to make, in accordance with paragraph 1 of article 75 and paragraph 2 of article 77.

2 - In the case where the procedure depends on a complaint or a private accusation, the prior submission of the request before the

Civil court for individuals with the right to file a complaint or accusation serves as a waiver of this right.

Judicial secrecy. By whom is it decreed?

Provided for in Article 86 of the CPP, criminal proceedings are, under penalty of nullity, public, except for the exceptions provided.

in the law.

Since it is the investigating judge who, at the request of the defendant, the assistant, or the victim, and having heard the

Public Ministry, to determine, by irrevocable ordinance, the submission of the process, during the inquiry phase, to
justice secret, when deemed that publicity harms the rights of those subjects or participants
procedural.
The Public Prosecutor's Office can also determine the application of secrecy to the process during the inquiry phase.
justice, however, this decision is subject to validation by the investigative judge within a maximum period of seventy-two
hours.
The Public Prosecutor's Office may also, ex officio or upon request from the defendant, the assistant or the
offended, to determine the lifting of the secrecy of justice at any time during the inquiry.
In the event that the defendant, the assistant, or the victim requests the lifting of the judicial secrecy, but the Ministry
The public does not determine it, the records are sent to the investigating judge for a decision, by irrevocable order.
The publicity of the process implies the rights of:
a) Assistance, by the general public, in the conduct of the instructional debate and procedural acts in the phase of
judgment
b) Narration of procedural acts, or reproduction of their terms, by the media;
c) Consultation of the record and obtaining copies, extracts, and certificates of any parts thereof.

However, advertising does not cover data related to the reservation of private life that do not constitute means of evidence.

The specific judicial authority, by order, either ex officio or at the request, the elements regarding the
which maintains the secrecy of justice, ordering, if applicable, its destruction or that they be handed over to
person to whom it may concern.
The secrecy of justice binds all parties and participants in the process, as well as people who, for any reason
title, have come into contact with the process or knowledge of elements belonging to it, and implies the
prohibitions of:
a) Assistance in the practice or acknowledgment of the content of a procedural act to which they do not have the right or the

duty to watch;
b) Disclosure of the occurrence of procedural acts or their terms, regardless of the reason leading to it.
disclosure.

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The judicial authority may, based on grounds, give or order or allow knowledge to be given to
certain individuals in the content of an act or document under judicial secrecy, as long as it does not jeopardize the

investigation and to appear

a) Convenient for clarifying the truth; or
b) Essential for the exercise of rights by the interested parties.
The judicial authority may authorize the issuance of a certificate in which the content of an act is made known.
or document under judicial secrecy, as long as necessary for criminal proceedings or for the instruction of
public disciplinary proceedings, as well as the submission of the request for civil compensation.
The secrecy of justice does not prevent the judicial authority from providing public clarifications when they are
necessary for the restoration of truth and do not harm the investigation:
a) At the request of people publicly called into question; or

b) To ensure the safety of people and property or public tranquility.

Romanian accused. Can the hearing be conducted in Romanian? And is the interpreter under confidentiality?

No, it cannot. According to Article 92 of the CPP, in procedural acts, both written and oral, the language used is the
Portuguese, under penalty of nullity.
If the defendant does not know or does not master the Portuguese language, a suitable interpreter is appointed, even if the entity

that presides over the act or any of the procedural participants know the language used by him.
The defendant can choose, at no cost to him, a different interpreter to translate the conversations with his
defender.
The interpreter is subject to a confidentiality obligation, in general terms, and cannot disclose the conversations between the accused.

and your defender, regardless of the stage of the process in which they occur, under penalty of violating professional secrecy.
It is also appointed as an interpreter when it becomes necessary to translate a document in a foreign language and

not accompanied by certified translation.

The interpreter is appointed by the judicial authority or criminal police authority.

Prescription of criminal proceedings and suspension and interruption

The prescription and the suspension of the prescription period are provided for in Article 118 and the following articles of the Penal Code.

The criminal proceedings are extinguished, by virtue of prescription, as soon as the following time has elapsed regarding the commission of the crime:

15 years, when it comes to crimes punishable by imprisonment with a maximum limit exceeding 10 years or of
crimes of influence trafficking, crimes in the exercise of public functions, abuse of power, violation of secrecy,
violation of correspondence secrecy, and also the crime of fraud in obtaining subsidy or grant;
10 years, when it comes to crimes punishable by a prison sentence with a maximum limit equal to or greater than 5 years,
but not exceeding 10 years;
5 years, when it comes to crimes punishable by imprisonment whose maximum limit is equal to or greater than 1 year, but
under 5 years;
2 years, in the remaining cases.

In determining the maximum penalty applicable to each crime, the elements that belong to the
type of crime, but not the aggravating or mitigating circumstances.
When the law provides for any crime, alternatively, a penalty of imprisonment or a fine, only the first is
considered for the purpose of the provisions in this article.

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In crimes against the freedom and sexual self-determination of minors, as well as in the crime of genital mutilation.
female being the minor victim, the criminal proceeding does not extinguish due to the statute of limitations, before the

offended to be 23 years old.

The statute of limitations for the criminal procedure runs from the day the fact was completed.
Regarding the suspension, the statute of limitations is suspended.
1. When criminal proceedings cannot legally be initiated or continued due to lack of legal authorization
or a sentence to be pronounced by a non-criminal court, or by effect of the referral of a preliminary question to
non-criminal court;
2. When the criminal procedure is pending from the notification of the accusation or, if this has not been
deduced from the notification of the instructive decision that pronounces the accused or from the request for
application of sanction in summary procedure;
3. As long as there is a situation of defiance

4. When the sentence cannot be notified to the defendant judged in absentia;

5. While the conviction sentence, after notification to the defendant, has not become final;
6. While the delinquent serves a prison sentence or security measure depriving them of liberty abroad.
Regarding the interruption, the statute of limitations for criminal proceedings is interrupted:

1. With the constitution of the accused;

2. With the notification of the accusation or, if it has not been made, with the notification of the instructional decision that
to pronounce the accused or with the notification of the request for the application of the sanction in the process

summary
3. With the declaration of contumacy.
4. With the notification of the order that sets a date for the hearing in the absence of the defendant.

After each interruption, a new prescription period begins.

The prescription of criminal proceedings always occurs when, from its inception and excluding the time of
suspension, if the normal statute of limitations period has elapsed plus half. When, by virtue of provision
In particular, if the statute of limitations is less than two years, the maximum limit of the statute of limitations corresponds to double that.

deadline.

Does the complaint have a deadline for submission?

According to Article 115 of the Penal Code, the right to file a complaint expires within 6 months from the date on which the

the holder has had knowledge of the fact and its authors, or from the death of the offended party, or from the date on which he
if you have an incapable tornado.

In the case of minors, the right to file a complaint expires six months from the date on which the victim
perfizer 18 years.
The untimely exercise of the right to file a complaint regarding one of the participants in the crime benefits the
remaining, in cases where these also cannot be pursued without complaint.
Since there are multiple holders of the right to complain, the deadline is counted separately for each of them.

What is the difference between attempted crime and completed crime?

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The completed crime is committed when the agent produces a result exactly as described in the penal norm.
either incriminating, that is, he not only committed the act, but consequently, his act produced a result
qualified as a crime.
On the other hand, according to Article 22 of the Penal Code, there is an attempt when the agent performs acts aimed at executing a crime.

that decided to commit, without it being consummated.

They are acts of execution:

a) Those who fill a constitutive element of a type of crime;

b) Those who are suitable to produce the typical result; or
c) Those who, according to common experience and unless unforeseen circumstances arise, are of a nature to make one expect that
if they follow actions of the species indicated in the previous paragraphs.

Are preparatory acts and attempts punishable?

According to the terms of Article 21 of the Penal Code, preparatory acts are not punishable, unless otherwise provided.

As for the attempt, under Article 23 of the Penal Code, it is only punishable if it is related to the respective completed crime.

corresponds to a penalty exceeding 3 years in prison. The attempt is punishable by the penalty applicable to the completed crime,

especially mitigated, but is no longer punishable when the unsuitability of the means used by the agent is evident or the
non-existence of the essential object for the consummation of the crime.

According to the law, if a defendant wants to leave the country, what must they do?
If absent for more than five days, you must communicate the place where you can be found. In fact, in accordance with the terms

of article 196 of the CPP, when the accused is constituted, the judicial authority or the criminal police body
are subject to a term of identity and residence drawn up in the process and for the purpose of being notified by postal means
Simply put, the defendant indicates their residence, workplace, or another domicile of their choice.
The term must state that the person was informed:
a) The obligation to appear before the competent authority or to remain at its disposal whenever required by law.
to compel or for that purpose be duly notified;
b) The obligation not to change residence or be absent for more than five days without notifying the new one.
residence or the place where one can be found;
c) That subsequent notifications will be made by regular mail to the indicated address unless the defendant
communicate another, through a request delivered or sent by registered mail to the secretariat where the
cars are meeting to race at this moment;
d) That non-compliance legitimizes their representation by a defender in all procedural acts in which they have
the right or duty to be present and also the conduct of the hearing in their absence
e) That, in the event of a conviction, the term of identity and residence will only be extinguished with the extinction of the penalty.

What do the acronyms RAI and TEP mean?

TEP - Penal Execution Court
RAI - Request for Opening Instruction

Is it a crime for a parent to stop paying child support? Which one?

Yes, it is a crime, a crime of violation of the obligation of alimony provided for and punished by Article 250 of the Penal Code, which prescribes

what
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1 - Anyone who, being legally obliged to provide food support and in a position to do so, fails to fulfill the obligation.

a period of two months following the expiration is punished with a fine of up to 120 days.
2 - The repeated practice of the crime referred to in the previous number is punishable by imprisonment of up to one year or with a penalty

of fines up to 120 days.

3 - Whoever, being legally obligated to provide support and in a position to do so, fails to fulfill the obligation,
putting at risk the satisfaction, without assistance from a third party, of the fundamental needs of those who have the right to them, is

punished with a prison sentence of up to 2 years or with a fine of up to 240 days.

4 - Whoever, with the intention of not providing support, places themselves in a situation where they cannot do so and violates the obligation

who is subject to creating the danger foreseen in the previous number, is punished with a prison sentence of up to two years or with

fine of up to 240 days.

5 - The criminal procedure depends on a complaint.
6 - If the obligation is fulfilled, the court may dispense with the penalty or declare it extinguished, in whole or in part,
unfulfilled penalty.

What is the nature of the crimes of defamation and slander? And what needs to be done to defend oneself?
They are crimes of a private nature. It is necessary to file a complaint, appoint an assistant, and bring a charge.
particular.

What is needed to establish assistance? Legal basis?

Constitute a lawyer according to the provisions of Article 70 of the CPP.

The assistants are always represented by a lawyer. If there are several assistants, they are all represented by one.
only lawyer. If they disagree on the choice, the judge decides.
In the event that there are incompatible interests among the various assistants, as well as the fact that the crimes are different.

imputations to the accused. In this last case, each group of people to whom the law allows the constitution as an assistant
For each of the crimes, a lawyer can be appointed, but it is not lawful for any person to have more than one.
representative.
The assistants may be accompanied by a lawyer in the proceedings in which they intervene.

Are phone taps a type of evidence or a means of obtaining evidence?

They are a means of obtaining evidence under Article 187 of the CPP, which can only be authorized during the
inquiry, if there are reasons to believe that the diligence is indispensable for the discovery of the truth or that the evidence

it would otherwise be impossible or very difficult to obtain, by reasoned order of the investigating judge and
through a request from the Public Ministry, regarding crimes:
a) Punishable with a prison sentence exceeding, at its maximum, 3 years;

b) Related to drug trafficking;

c) For possession of prohibited weapons and trafficking in weapons;

d) Smuggling;
e) For injury, threat, coercion, invasion of privacy, and disturbance of peace and quiet, when
committed via telephone;
f) Of threats with the practice of crime or abuse and simulation of danger signals; or
g) From evasion, when the defendant has been convicted of any of the crimes provided for in the previous paragraphs.

67
Attention that if they are not authorized, the evidence is null and evidence prohibited under the terms of articles 122, 190, and 126 of the CPP.

as well as article 34, article 32, no. 4 and no. 8 of the CRP.

If there is urgency, authorization can be requested from the judge of the places where it can potentially be executed.
conversation or telephone communication or from the headquarters of the competent authority for criminal investigation, dealing with

of the following crimes:

a) Terrorism, violent or highly organized crime;
b) Kidnapping, abduction and hostage-taking;

c) Against cultural identity and personal integrity

d) Against the security of the State
e) Counterfeiting of currency or instruments equivalent to currency

f) Covered by convention on air or maritime navigation safety.

The authorization is submitted, within a maximum period of seventy-two hours, for the knowledge of the judge of the case, to whom

It is possible to practice the subsequent jurisdictional acts.

Interception and recording can only be authorized, regardless of the ownership of the communication medium.
used, against:
a) Suspect or accused;
b) Person who acts as an intermediary, regarding whom there are reasonable grounds to believe that they receive or transmit

messages intended for or coming from a suspect or accused; or

c) Victim of crime, by means of the respective consent, effective or presumed.
5 - The interception and recording of conversations or communications between the defendant and their lawyer is prohibited, except for

if the judge has grounded reasons to believe that they constitute an object or element of crime.
6 - The interception and recording of conversations or communications are authorized for a maximum period of three months,

renewable for periods subject to the same limit, provided that the respective requirements are met.
admissibility.

What is a jury trial?

While it is true that judgment by this type of court is common in the United States of America, among us it ends up
to be exceptional.
The legislator reserved jury intervention for the most serious crimes.
As a rule, it is only possible to request the intervention of jurors in cases that concern crimes whose sentence
maximum, abstractly applicable, shall be more than eight years of imprisonment.

The jury only intervenes if requested by the Public Prosecutor, assistant, or defendant, in other words, it is a
intervention upon request and not mandatory.
There are limitations to the intervention of the jury court provided for in the Constitution of the Portuguese Republic.

Article 207, nº1 of the Constitution prohibits the intervention of this type of court regarding the crime of terrorism and
of highly organized crime.
The Code of Criminal Procedure defines the aforementioned criminality as behaviors that constitute crimes of
criminal association, human trafficking, arms trafficking, drug trafficking or trafficking in psychotropic substances
corruption, influence peddling, economic participation in business or money laundering.
The constitutional limitation aims to preserve the independence of the decision.

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A common citizen may be conditioned if they have to condemn a terrorist or a member of the Mafia.
specifically for fear of reprisals against their family.
In Portugal, the jury court is composed of 3 career judges who are part of the collective court, 4 citizens.
4 regulars and 4 substitutes.

The president of the court who conducts the proceedings is always a judge.

Unlike other countries, where the jury only decides whether the defendant is guilty or innocent, here this type of
The tribunal resolves this issue, but also legal matters and determines the specific penalty to be applied.
The citizens chosen for the jury are on equal footing with the career judges throughout the hearing.
The process of selecting jurors follows legal rules.
A juror cannot be over 65 years old, must have the required education, and cannot suffer from illness or
anomaly that prevents the exercise of the position must be in full possession of civil and political rights, as well as not
may be imprisoned or detained or have been sentenced to actual imprisonment.

There is also a regime of impediments and incompatibilities due to profession and kinship that
impede a broad range of people from serving as jurors. For example, magistrates,
lawyers, officials of justice, law professors, police officers, military personnel, deputies or ministers cannot exercise this
function.
The selection process follows several stages.
First, 100 citizens are randomly selected from the electoral rolls of the parishes of the constituency.
judicial.
Next, a survey is sent to each of the people.
The answers eliminate a significant number of potential jurors due to profession, age, or other factors.
circumstances.
From the people remaining, eighteen will be drawn to attend a hearing for the selection of jurors.
The president of the jury court questions the 18 people and checks for any impediments or disabilities for the
exercise of the function.

The Public Prosecutor's Office and the defendant can reject two people for the role of juror without providing any reasons.

justification.

The regular and alternate jurors are chosen in the hearing and subsequently enjoy a status similar to that of the
judges in many aspects while the trial lasts.
The jury trial has advantages and disadvantages.
Regarding the selection process, it is quite slow and bureaucratic.
The jurors do not have technical training to decide legal issues and are more easily suggestible.
media processes.
The negative experience of the Jury Court in the First Republic ended up conditioning the scope of application of the court of
jury.
The jurors sympathetic to the monarchical cause led to the acquittal of many monarchists who had intervened.
in revolts and attempts of coups against the republican regime, which provoked the anger of many
governors.
Despite the objections that may arise, this type of court has many virtues.
The participation of citizens in the administration of Justice allows for a better understanding of how it operates.

69
The professional experience from various fields and the different life paths of the jurors allow for a broader perspective.
elongated about the reality of the facts.
The jury's decision allows the ordinary citizen to judge and be responsible for the conviction or acquittal.
of the accused.

The level of community commitment to the decision is much greater in countries where the jury is
applied more frequently.
As citizens are regularly called to decide, they cease to see Justice as something that belongs only to
judges. If the decision made is wrong, the blame falls on everyone.
In Portugal, the mixed composition of the Jury Court eliminates many of the dangers that exist in other systems.
In certain types of crime, there may be a popular temptation for a certain form of justicialism.
The fact that 3 career judges are part of the jury court allows for an explanation of the procedural requirements.
What are the criteria for the application of penalties, as well as explaining pedagogically certain aspects of the process that

require technical knowledge.

Offended, in a crime of offenses to physical integrity, wants to withdraw the complaint, can he?

Yes, but only in the case of semi-public and private crimes; in such cases, the withdrawal of the complaint is
admissible until the sentence is issued and as long as there is no opposition from the defendant; the approval (by the Minister or

the Judge's) withdrawal prevents the process from proceeding and the complaint from being renewed.
Under the terms of article 116, paragraph 2 of the Penal Code, the complainant can withdraw the complaint, provided there is no objection from the accused.

until the publication of the first-instance judgment. The withdrawal prevents the complaint from being renewed.

The withdrawal of the complaint concerning one of the participants in the crime benefits the others, except in opposition.

of these, in cases where these cannot be prosecuted without a complaint.

What is the difference between assistant/offended and injured, for the purposes of presenting the PIC?

The request for civil indemnification based on the commission of a crime is made by the injured party, understood as such the

person who suffered damage caused by crime (article 74 no. 1 of the CPP).
The injured party is not the same as the offended party, in the sense of Article 68, paragraph 1, letter a. That is, the offended party is only the one who...

for the holders of interests that criminal law specifically aimed to protect with the incrimination, while the harmed party is all and

any person who, according to the rules of Civil Law, has been harmed in their legal interests
protected, that is, all those who suffered damages and who, according to the rules of Civil Procedural Law, will have
legitimacy to file the compensation claim. The injured party is a broad or extensive concept of the offended party and that

covers all persons civilly harmed by the criminal offense. In fact, the harmed party may be confused with the
offended - holder of the specially protected interests with the incrimination - when the offended suffers damages
compensations according to Civil Law, but there may be injured parties from the crime and, therefore, entitled to the right to
civil compensation, who do not hold the interests specially protected by the incrimination. In summary,
The authors of the civil request can be all those who are legitimate parties according to the norms of civil procedure. It is not

I need them to be or have been constituted as assistants in the criminal process.

Confrontation

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Provided for in Article 146 of the CPP. Cross-examination is admissible between co-defendants, between the defendant and the assistant, between

witnesses or among them, the defendant and the assistant whenever there is a contradiction between their statements and the
diligence appears useful for the discovery of the truth. It is also applicable to the civil parties.

The confrontation takes place officially or at the request.

The entity overseeing the procedure, after reproducing the statements, asks the individuals confronted to confirm them or
modify them and, when necessary, challenge those of other people, then asking them the questions
to understand what is convenient for the clarification of the truth.

The accused calls on the day of the trial saying that they cannot go but maintain the interest in testifying.

statements. What should I do?

Primeiro justificaria a falta nos termos do artigo 117 do CPP, e seguidamente requereria que o arguido fosse ouvido
on a second date, under article 333, no. 3 of the CPP and 312, no. 2 of the CPP.

Economic bail and prison bail

Bail is aimed at ensuring effectively the appearance of the accused at all stages of the process.
that is necessary and the fulfillment of the obligations imposed by the judge is provided for in article 197 of the CPP

In economic security, as a measure of property guarantee, the adequacy and proportionality of the amount to be set,
must be measured according to the value of the amount to be guaranteed.

Deontology

Who is the president of the OA?

Dean
Artigo 39.º
President of the Bar Association
The president is the president of the Bar Association and, by extension, the president of the congress and the general assembly.
and of the general council.

What are the jurisdictional and executive bodies of the OA?

The Superior Council is the supreme judicial body and the General Council is the legislative and deliberative body.

How many organs does the OA have? What are they?

They are national bodies of the Bar Association:

a) The congress of Portuguese lawyers;
b) The general assembly;
c) The managing partner;

d) The president of the board of directors;

e) The executive council;

f) The general council;
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Email exchange with a colleague, in an attempt to reach an agreement, however the negotiations fail.
I have an email in which a colleague expressly stated that its contents are confidential and another in
that does not have any reference to confidentiality. Can I use any of these emails in the process that
come to establish?
Regarding the first one, I cannot use it. As for the second, I would have to request the lifting of the secrecy.
professional.
In fact, according to Article 113 of the Statute, it is stipulated that whenever a lawyer wishes that their
communication, addressed to another lawyer or solicitor, being of a confidential nature, must clearly express such
intention. Confidential communications cannot, in any case, constitute a means of proof, nor can they be
the provisions of paragraph 4 of article 92 apply, that is, the request for the lifting of professional secrecy. The lawyer
you, the recipient of the confidential communication, who is unable to ensure the confidentiality of the
must return it to the sender without revealing its content to third parties.

Why is professional confidentiality the most important ethical duty?

Professional secrecy is a cornerstone of the practice of law. A golden rule.
The fundamental character that the obligation of professional secrecy has for the practice of law is related to
with recognition to the Lawyer of the right to keep to himself, and only for himself, the knowledge of everything that the

the client, directly or through third parties, entrusted to you, or was not obliged to reserve the information obtained
In the exercise of the mandate, there would be no authentic advocacy, as there would be no trust.
Professional secrecy is the normative shield, the unbreakable legal guarantee against the temptations of obtaining confession.
through an intermediary and against the violation of the right to privacy. It is the guarantee of the existence of a legal practice that

To be authentic, it must be free and independent.

Can acts carried out in violation of professional secrecy be used as evidence in court?
No. As per article 92, paragraph 5 of the statute, the acts performed by the lawyer in violation of the secrecy
professionals cannot take the test in court, and the nullity of the act must be argued in accordance with the articles
122 CPP

The deadline to file a defense is running out and my client has a letter from the attorney.
from the Author - who received it during the course of an extrajudicial negotiation process. At the time my

the constituent had not yet appointed a representative. The representative of the opposing party in this letter addressed

my constituent admitted to having a share of, let's say, 40% of the blame and accepted a reduction
significant in the requested amount. However, once the negotiations failed, and already in the context of
judicial process, the representative of the opposing party comes to petition for the full amount (100%, therefore) and

in your articles you exclusively assign responsibility to my principal, consequently

in opposition to the document that I had sent you during the negotiation phase. The question was: could I,
Oh no, combine this letter addressed to my client with my defense?
Yes, because according to the terms of article 92 of the statute, the document was not covered by professional secrecy.
because the mandatary (myself) had not intervened in the failed negotiations and, as such, could be added to the
contest
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Imagine that the office employee will comment on the coffee elements of the process and,
Interestingly, the client of that same case was there, could the lawyer be held responsible?
According to the terms of Article 92, No. 7 and No. 8 of the Statute, the duty of confidentiality extends to all persons who
collaborate with the lawyer in the exercise of their professional activity, with the lawyer being required to demand from them

written declaration made for this purpose, the fulfillment of the duty provided therein at a moment prior to the start
of the collaboration, consisting of a disciplinary infraction the violation of that duty.

As such, having the lawyer complied with this standard, they could not be held responsible, but rather only the
she would work and not being covered by the disciplinary power of the order, could incur in
civil and criminal liability, as well as labor disciplinary process

If I were to initiate a fee action, could I talk about all the facts?
I could only mention the fact of the causal link that gave rise to the fees, but never about the facts that are
covered by professional secrecy, since under the terms of article 92 of the statute, the lawyer is obligated to keep
professional secrecy regarding all facts whose knowledge comes to you from the exercise of your functions
or the provision of your services, namely regarding facts related to matters.

So, who should the request for lifting professional secrecy be directed to? And what if it is denied?
Under the terms of Article 92, paragraph 4, the lawyer may disclose facts covered by professional secrecy, provided that such

be absolutely necessary for the defense of the dignity, rights, and legitimate interests of the lawyer himself or of
client or their representatives, with prior authorization from the president of the respective regional council, with
resource for the chairman, under the terms set out in the respective regulations.

And if it is denied again?

If returned denied, it is not subject to appeal to the administrative court, as it involves professional secrecy.

What happens if the lifting of the secrecy is authorized?

According to the terms of article 92, no. 6 of the statute, even if the lawyer is exempt from the obligation to keep secrets

can keep it the same.

The lawyer can be a witness in a case involving a former client regarding the facts of the latter.
process? If the client still called it to testify and after having obtained the waiver of confidentiality
Could he refuse to testify?
I could not testify as a witness. I would request to be excused from testifying on the grounds of professional secrecy. Even if I had

I requested your collection and it was granted, the decision to testify would always be mine.

Imagine that the Judge insists on hearing your testimony, can he do that?
Under the terms of Article 135 of the CPP, if there are well-founded doubts about the legitimacy of the excuse, the judge proceeds to

necessary inquiries. If, after these, it concludes that the excuse is illegitimate, it orders, or requests the court to
order, the provision of testimony. However, this decision is made after hearing the representative body of the profession
related to the professional secrecy in question, in accordance with and with the effects provided for in the legislation concerning that

73
the body may be applicable. That is, if the Order of Lawyers grants the lifting of professional secrecy, the
The lawyer should testify.
However, the lawyer should not be penalized for refusing to testify, claiming the exclusion of unlawfulness by
fulfillment of a duty imposed by law pursuant to article 31 of the Penal Code

Meeting with a client where he tells me that tomorrow he will kill his wife, what would you do?

Professional secrecy opposed to the duty to report.

I defended myself later claiming a cause for exclusion of guilt

Driving under the influence of alcohol and without a license. He was a lawyer. Was he committing any disciplinary infractions?

Not exactly a disciplinary action. But considering that the lawyer is indispensable to the administration of justice,
should have a public behavior appropriate to the dignity and responsibility of the position held, article 88, nº1
of the Statute of the Order of Lawyers, as well as it may not jeopardize the objectives and prestige of the Order and the legal profession, article

91, no. 1 of the statute.

Principle that could be at stake?

The principle of integrity provided for in article 88 of the Statute

Substantiation with reservation and without reservation

According to the terms of art. 44 of the CPC, the mandate grants powers to the attorney to represent the party in all acts and

terms of the main process and the respective incidents, even before the higher courts, without prejudice to the
provisions that require the granting of special powers by the principal.
The powers that the law presumes to be granted to the attorney include the power to delegate the mandate, which may be
with reservation or without reservation.

The delegation without reservation implies the exclusion of the previous mandatary. In contrast, the delegation with reservation, the

the agent maintains the sponsorship.

Imagine that the client wanted to mandate another lawyer, what would that lawyer have to do?
According to article 112, paragraph 2, the lawyer should not begin their work without first taking steps in this regard.
the fees and other amounts that are due to this should be paid, and must be presented to the colleague, orally or by
written, the reasons for accepting the mandate and to inform him of the efforts he has made for that purpose.
In addition, I should ask the colleague for a power of attorney without reservation.

Imagine that you even say you want to grant the power of attorney, but inform the other lawyer that the
The client told you that they will not pay the fees. Can the lawyer continue to accept the sponsorship?
The non-payment of fees is a justified reason for the termination of sponsorship, under the terms of article 103, no. 2.
However, under the terms of article 100, number 1, paragraph e), even if there is a justified reason for the termination of sponsorship, the

the lawyer should not do it in a way that prevents the client from obtaining, in a timely manner, the assistance of another

lawyer.

He was telling a friend that a client of his came to the office to ask for a second opinion.
74
No, because the lawyer/client relationship must be founded on mutual trust and grounded in secrecy.
professional.

Imagine you are in a restaurant having dinner with your friends and the gentlemen at the next table are as well.

they meet and start talking. In the conversation, they discover that she is a lawyer and say that she has a

problem, there is already a lawyer handling the matter, but they believe they are being poorly advised. It can

give your opinion on the matter, even if you have already advocated?
Yes, legal consultation at my office
And giving your opinion, would you have to say something to your colleague?

If it were just to give an opinion, no, especially since it would be subject to professional secrecy. As for accepting the sponsorship,
It would be necessary to proceed with the diligences of paragraph 2, article 112, of the EOA.

Extension of conflicts of interest to the entire law firm

Under the terms of article 99, no. 6, whenever the lawyer exercises their activity in association, in the form of
society or not, the conflict of interest applies both to the association and to each of its members. In other words, it is
extensible.

She is a lawyer for a partnership, where the only partners are spouses. However, she is contacted by a
of them, who intends to file for divorce without consent. Can you represent them?
There is no conflict of interest, as this is not a related matter for the purposes of paragraph 3 of article 99 of the EOA.

In the office, there is a meeting with two co-defendant clients; one of them starts saying that the blame is
every other day. What does it do?

According to Article 99, paragraphs 3 and 4, the lawyer cannot advise, represent, or act on behalf of two or more
clients, on the same subject or related subject, if there is a conflict between the interests of these clients. And if a
conflict of interest arise between two or more clients, as well as if there is a risk of violation of secrecy
professional or diminishing your independence, the lawyer must stop acting on behalf of all clients,
in the context of this conflict. That is, it should not accept the sponsorship of either of the two.

And if the conflict arises in the judgment?

As we could not give up the sponsorship without providing customers with the opportunity to have, in due time, a new one.
defendant, the best way to present the issue to the judge is to request the suspension of the judgment.

I will propose a traffic accident action and I ask a witness if they saw the accident happening.
(without inquiring the same), can I do this? Is there anything that says I cannot?
I can, as long as it's just questioning the witness. What the rule of article 109 of the EOA provides is that it is prohibited for the

lawyer, either personally or through an intermediary, to establish contact with witnesses or other participants
procedures with the purpose of instructing, influencing, or, by any other means, altering their testimony,
thus prejudicing the discovery of the truth. In other words, the rule does not prohibit the lawyer from contacting the

witness to hear what they witnessed.

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I agree to represent a couple in an inventory action. It is listed in the relationship of assets a
property. As a lawyer, can I acquire this property?
No. Under the terms of article 100, paragraph 1, section d), it is prohibited for the lawyer to enter into contracts for their own benefit regarding the

object of the entrusted questions.

A client comes to me to propose an action that I know has no legal basis.

In terms of article 100, nº1, section a) first part, the lawyer must give his conscientious opinion on the
merit of the right or claim that the client invokes, and that according to article 90, number 2, letter a), is
prohibited for the lawyer to advocate against the law, not to use illegal means or expedients, nor to promote diligence
recognizably dilatory, useless or harmful to the correct application of the law or the discovery of the truth.

Imagine that you received an amount from a compensation that belonged to your client, considering that
He has not yet paid you the fees, could you withhold the amount owed as fees? If not,
What could be done once the client refuses to pay?
According to article 101, the lawyer must properly apply values, objects, and documents that have been entrusted to them.
they have been entrusted, as well as to account to the client for all the amounts received from them, whatever it may be
its provenance, and to present a note of fees and expenses, as soon as requested.
When the representation ends, the attorney must return to the client the amounts, objects, or documents belonging to them.
find in your power.
The lawyer, having presented the bill for fees and expenses, has the right of retention over the amounts, objects or
documents referred to in the previous number, for the guarantee of payment of fees and reimbursement of expenses that
they are owed by the client, unless the values, objects, or documents in question are necessary for
proof of the customer's right or that their retention causes them irreparable harm.
However, the lawyer must return such amounts and objects, regardless of the payment to which they are entitled, if the
client has provided a bond determined by the regional council.
The regional council may, before payment and at the request of the lawyer or the client, order the delivery to this
any objects and values when those that remain in the possession of the lawyer are manifestly sufficient to
payment of credit.
I could still attempt to file a fee action.

Difference between fees and provisions; criteria for the fees

Nos termos do artigo 105 do estatuto os honorários são uma compensação económica adequada pelos serviços
effectively rendered, which must be settled in cash and may take the form of fixed compensation. If not
if there is a prior agreement in writing, the lawyer presents the respective fee account to the client with
discrimination of the services provided.
Regarding the criteria for setting fees, the lawyer should consider the importance of the services rendered,
to the difficulty and urgency of the subject, to the degree of intellectual creativity of your delivery, to the result obtained, to

time spent, the responsibilities undertaken by it and other professional uses.

The provisions set forth in Article 103 of the Statute are monetary amounts that may be accounted for the fees.
or for payment of expenses, such provisions should not exceed a reasonable estimate of the fees and
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likely expenses. If the requested provision is not delivered, the lawyer may refuse to handle the matter.
you refuse to accept it. The lawyer can only be held liable for the payment of expenses or any
other charges that have been provided for this purpose by the client and is not required to make the provisions
that it has received for fees, provided that the allocation of these to the fees is known to the client.

Should we or should we not differentiate or take into account the clients' possessions for calculation purposes?

fees?
In accordance with article 105, paragraph 3 of the statute Article 105, paragraph 3, in setting the fees, the lawyer must consider the

importance of the services provided, to the difficulty and urgency of the matter, to the degree of intellectual creativity of your

provision, to the result obtained, to the time spent, to the responsibilities assumed by it and to other uses
professionals.
Does not consider the customer's economic capacity, but we should obviously take into account that a customer
with few economic conditions, you will not be able to pay fees in the same way as someone who has better ones
conditions

Let's imagine that a client comes to our office very distressed because their neighbor is building up.
a wall for the construction of a pigeon loft and the client wants to immediately prevent the construction; what

Should I do it, considering that the neighbor is a colleague?

Since these are not procedures that are secret or urgent in nature, before blocking the new construction, it would have
In accordance with Article 96 of the EOA, to inform the colleague in writing of my intention, along with the explanations that

understood necessary.
If it were, for example, an attachment or inventory, since they are urgent processes, I could not communicate my
intention

You have to try the action, the son is a legal expert, are there any formalities you need to observe?
In this case, the duty of communication does not exist because he is neither a lawyer nor a magistrate.

I was contacted by a client who wanted to file a lawsuit, which I did, and upon being notified of the
defendant's counterclaim and reconventional request, I realized that the facts the client reported to me and that

I articulated in the PI that they were completely false and aimed at an illicit objective, what could I do? What

Was at stake?
The mutual trust on which the relationship between the lawyer and the client must be based is established in the terms of Article 97, No. 1.

This also concerns the bad faith litigation provided for in article 545 of the CPC, although it was not the fault of

lawyer, is prohibited under the terms of article 90, paragraph 2, item a) not to advocate against the law, not to use
illegal means or expedients, nor promote acknowledged dilatory, useless, or harmful measures for the
correct application of the law or the discovery of the truth;

In these terms, the lawyer would have a justified reason to cease the sponsorship, although he would have to do it, in accordance with

of article 100, no. 2 so as not to prevent the client from obtaining timely assistance from another lawyer.

What is the competent authority to initiate disciplinary proceedings? Which region?

77
Regional Council of Deontology under the terms of article 58 of the statute, with the disciplinary procedure initiated by
decision of the president under the terms of article 123, nº1 of the statute

Imagine that the lawyer does not agree with the accusation in a disciplinary process, what can he do?
What to do? Who is it aimed at?
Nos termos do artigo 162, nº1 do estatuto, cabe recurso ordinário das deliberações dos conselhos de deontologia
for the higher council.
Is there an appeal against the decisions of the superior council?

Yes, for the plenary of the higher council.

And can there be an appeal against the decisions of the plenary?

Yes, for the Administrative Courts

Can a drug-addicted lawyer practice?

There is no rule in the law that prohibits the practice, however, it is not a behavior worthy of the exercise of advocacy.
It is not an ideal behavior, and it is debatable whether one can exercise it or not.

Can a lawyer convicted of a crime of fraudulent insolvency practice their profession?

What is at stake is the investigation of unfitness for the exercise of the profession provided in 177, no. 1
paragraph a) and 188, nº1 paragraph a) and nº3 and nº4 of the Statute that can be based on conviction for any crime

seriously dishonorable, implying the cancellation of registration as a lawyer.

Following the conviction of the defendant in the criminal proceedings for the commission of certain acts, there will be in the scope of

to discipline a link of the entity with disciplinary power regarding the verification of the material existence of the facts and
of its authors, thus it is up to the Order of Lawyers to assess whether the offense committed is (or is not) serious

dishonorable.

Can I recommend a colleague? And then ask for part of the fees that you will receive?
No. Because under the terms of Article 98, nº1 of the statute, the lawyer cannot accept the sponsorship or the provision of

any professional services if they have not been freely mandated for that purpose by the client, or by another lawyer,
on behalf of the client, or if not appointed for that purpose, by a legally competent entity.
However, if it is a substantiation without reservation, it can already be done.

Regarding fees, Article 107 of the statute states that it is prohibited for the lawyer to share fees, even if
as a commission or other form of compensation, except with lawyers, trainee lawyers, and solicitors
with whom I collaborate or who have provided you with collaboration. In this case, it could not be as they did not provide any

collaboration.

A person who works at a consulting firm could send me clients, and I could pay them 30% of the
fees received from these clients?
According to the terms of article 107 of the statute, it is prohibited for the lawyer to share fees, even as a commission or
another form of compensation, except with lawyers, trainee lawyers, and solicitors with whom you collaborate or
that they have provided you assistance.

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Action for fees: what is the statute of limitations and from what moment does the count begin
even
Under the terms of article 317, paragraph c), the credits for services rendered in the exercise of liberal professions and for
the reimbursement of the corresponding expenses is subject to a two-year statute of limitations. The statute of limitations for this type of

credit begins to count when, for any reason, the mandate provision ceases.

Can a recent lawyer be considered a specialist in traffic accidents?

Matter regulated in article 70, number 3 of the statute and the regulation of specialties
Under the terms of article 70, no. 3 of the Statute, lawyers may only identify themselves as specialists when the Order
of Lawyers has granted them such quality. And article 3 of the Regulation states that they can acquire the title
of the specialist lawyer the lawyers with active registration in the Order of Lawyers, uninterrupted for more than ten
years, with an equal minimum period of effective practice of law in the invoked specialty area and to whom is
recognized specific, theoretical, and practical competence. Therefore, a recent lawyer could not.
Furthermore, the specialty in traffic accidents is not a specialty recognized by the annex of
Regulations.

I could agree with the client that he would pay me a fee of 30% of what he obtained for
to win a lawsuit challenging a VAT assessment?
It could not, as it constitutes a pact of quota litis under the terms of Article 106, paragraphs 1 and 2 of the statute.

effect, by pact of quota litis it is understood the agreement made between the lawyer and his client, before the conclusion
definitive of the issue in which this is part, by which the right to fees is exclusively dependent on the
result obtained in the question and by virtue of which the constituent is obliged to pay the lawyer part of the result
whether it consists of an amount of money or any other asset or value.

It would be a contingency fee agreement to pay €2000 at the beginning of the process and then an additional 30%.

dependent on the result?

In this case, it would not be a pledge of quota litis since there is already a prior agreement on the amount of the fees. The 30% is

just an increase based on the result obtained.

Imagine that a gentleman goes to your office and tells me that he cannot afford to pay.
but would pay you 5% for each share and 10% in case of winning the shares.
The same previous situation. That is, under the terms of article 106, paragraph 3, the agreement that does not constitute a quota litis pact.

consists of the prior fixation of the amount of fees, even if in percentage, based on the value of the matter
trusted to the lawyer or for which, in addition to fees calculated based on other criteria, is agreed upon in a
increase based on the result obtained.

Regime of liability of law firms (addition of R.L)

Provided for in Article 213, No. 10 and following of the statute that provides:

10 - The companies must choose, at the time of their formation, one of the following two types, according to the
responsibility regime for social debts to be adopted, the company must include the mention of the adopted regime:
a) Unlimited liability companies, RI;
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b) Limited liability companies, LLC.
11 - The responsibility for social debts includes those generated by actions or omissions attributed to partners, associates and
interns, in the exercise of the profession.
In unlimited liability companies, the partners are personally, unlimitedly, and jointly liable for
social debts, without prejudice to the provisions of the following number.

13 - The creditors of the unlimited liability company can only demand payment of debts from the partners.
social after the prior excussion of the society's assets.
In limited liability companies, only the company is responsible for social debts, up to the limit of
mandatory civil liability insurance.
15 - The tax regime provided for companies established in the form is applicable to law firms.
commercial.

You are looking for a law office.

The searches and seizures of documents are provided for in articles 75, 76, and 77 of the Statute.

Article 75
Imposition of seals, inventories, and searches in law offices or law firms
1 - The imposition of seals, the ranking, searches and equivalent diligences at the office or law firm
or in any other place where files are made, as well as the interception and recording of conversations or
communications, via telephone or email address, used by the lawyer in the exercise of the profession,
The constants of the registration of the Bar Association can only be decreed and presided over by the competent judge.

2 - With the necessary advance notice, the judge must summon to witness the imposition of seals, the inventory, and the searches.
and equivalent proceedings, the lawyer subject to it, as well as the president of the regional council, the president of the

delegation or delegate of the Bar Association, as applicable, who may delegate to another member of
regional council or delegation.
3 - In the absence of the lawyer representative of the Bar Association or in cases of urgency that is incompatible
with the procedures of the previous number, the judge must appoint any lawyer who can appear immediately,
preferably from among those who have been part of the bodies of the Bar Association or, when that is not possible,
whatever is indicated by the lawyer to whom the office or file belongs.
4 - Family members or workers are also allowed in the proceedings, when they present themselves or the judge summons them.
of the interested lawyer.
5 - Until the appearance of the lawyer representing the Bar Association, measures may be taken.
indispensable so that no papers or objects become useless or mislaid.
The diligence record explicitly mentions the people present, as well as any occurrences that arose.
in its course.
Article 76
Seizure of documents
1 - Correspondence cannot be seized, regardless of the medium used, that relates to the exercise of
profession.
2 - The prohibition extends to the correspondence exchanged between the lawyer and the person who has committed or
intended to commit a mandate and has requested an opinion, although it has not yet been given or has already been refused.

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The correspondence includes instructions and written information about the subject of the appointment or
mandate or the requested opinion.
4 - Except for the case where the correspondence concerns a criminal fact regarding which the lawyer has been
constituted accused.
Article 77
Complaint
1 - In the course of the proceedings provided for in the previous articles, the interested lawyer or, in their absence,
any of your family members or workers present, as well as the representative of the Bar Association,
to present any complaint.
2 - Aiming to present a complaint to ensure the preservation of professional secrecy, the judge must immediately
to substantiate in the diligence regarding the documents or objects that are called into question, making them
to package, without reading or examining them, in a sealed volume at the same time.

3 - The justification for the complaints is made within five days and submitted to the court where the case is ongoing.
the judge must send them, within the same period, to the president of the Court with his opinion and, if applicable, with the

volume that the previous number refers to.

4 - The president of the Court of Appeal may, in confidentiality, proceed to reseal the same volume, returning it.
again sealed with your decision.
What are the obligations of the patron?
What if the lawyer is a lawyer expelled from the bar? Does professional secrecy still apply?
Yes. Because what is intended is to defend the client's interests and not the lawyer's.

Public discussion of professional issues

Provided for in Article 93 of the Statute

1 - The lawyer should not publicly express themselves, in the press or other media, about
pending professional matters.
The lawyer may speak, exceptionally, provided that they have been previously authorized by the president of the council.
regional competent, whenever the exercise of this right of reply is justified, in order to prevent or remedy
the offense to the dignity, rights, and legitimate interests of the client or oneself.
The request for authorization is duly justified and indicates the possible scope of the issues it addresses.
must speak out.
The authorization request is considered within three business days, being tacitly granted in the absence of
response, communicated, within that period, to the applicant.

5 - From the decision of the president of the regional council that denies the request, there is an appeal to the head, who decides,
in the same deadline.

In case of manifest urgency, the lawyer may speak as restrictively and contained as possible,
must inform, within five working days, the president of the competent regional council of the circumstances that
they determined such conduct and the content of the statements made.

Ratio of the prohibition of professional issues discussed publicly. What is it?

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Do not influence public opinion. The processes must be discussed in the courts, on equal footing between the
lawyers, and not in the media, because one should not discuss in public what is to be discussed in the process,
much less should promote and encourage judgments in the public square

Right to protest
Provided for in Article 80 of the Statute

1 - During a hearing or any other act or diligence in which he intervenes, the lawyer must be admitted.
to request orally or in writing, at the time deemed appropriate, what is considered necessary for the duty of
sponsorship, without the need for prior indication or clarification of its respective content.

2 - When, for any reason, the floor is not granted to you or the request is not recorded in the minutes, you may
lawyer to exercise the right of protest, indicating the subject of the request and the object that was intended.
3 - The protest must be recorded in the minutes and is considered for all intents and purposes as a plea of nullity, in the
terms of the law.

Notwithstanding this right, Article 150, paragraph 4 of the CPC stipulates that whenever the word is taken away from a lawyer, the

intern lawyer or to the magistrate of the Public Ministry, is, depending on the cases, made known
detailed account of the fact to the Bar Association, for disciplinary purposes, or to the respective hierarchical superior.

In the same way, the CPP stipulates in its article 326 that if lawyers or defenders, in their arguments or
petitions, are politely warned by the president of the court; and if, after being warned, they continue,
may remove their word, applying in this case the provisions of the civil procedure law, if they distance themselves from
due respect to the court, to seek, manifestly and abusively, to delay or hinder the normal course of
work, use injurious or defamatory expressions or unnecessarily violent or aggressive ones; or
made, or incited to make, comments or explanations about matters unrelated to the process and that of
in no way serve to clarify it.
However, under the terms of Article 150, paragraph 5 of the CPC, an appeal is allowed, with suspensive effect of the decision and with character

urgent, from the decision that removes the judicial representative or orders him to leave the place where the act is taking place.

and No. 6 Article 150 (Art. 154 CPC 1961)

The right to protest is a right/duty that must be exercised firmly, as it is also a duty to the community.
and the realization of justice and law functioning as an argument of double nullity:
1- The argument of what was intended to be upheld for the client
2- The nullity of the request that was not accepted

Office move. Do you have any concerns?

Yes, pursuant to article 91, item g), I will have to notify the Order within 30 days of the office change.

What are the rights of lawyers?

To plead seated
Priority in service to public offices
Right to communicate with detained defendants
Right to protest

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Contract with lawyer, with a clause stating that the lawyer is obliged to do everything for the
company. If this clause was possible.
This clause would be null under the terms of article 73, no. 2 and 81, no. 4 of the Statute, given that according to article 81, the

The lawyer exercises the defense of the rights and interests entrusted to him with complete technical autonomy.
in a fair, independent, and responsible manner. Given that the practice of law is incompatible with any position,
function or activity that may affect the exemption, independence, and dignity of the profession. Any form of
provision or contract, whether of a public or private nature, namely the employment contract, under the auspices of
whichever lawyer may exercise their activity must respect the principles defined in paragraph 1 and all others
deontological rules that are included in this Statute.
The contractual stipulations, as well as any guidelines or instructions from the contracting entity, are null and void.
restrict the exemption and independence of the lawyer or that, in some way, violate the ethical principles of
profession.

Can a lawyer be a football referee?

Article 82 of the statute says nothing, however, the article is not exhaustive. Does it affect the dignity of the profession?

I don't think so.

Imagine you are in the office, the client is leaving for the USA and wants the lawyer to pass him
power of attorney for the purpose – make a tourism investment with quick profitability preferably.
Since the client tells you that they can give you a generous bonus, in addition to the fees,
even if you can't make a profit. Someone (more experienced) hears and warns the lawyer that it can
a situation of money laundering is at stake. What to do?

According to the text of Law No. 83/2017, of August 18 – Anti-Money Laundering Law, are imposed
countless duties to lawyers.
Firstly, in article 4, paragraph 1, item f), it states that lawyers are subject to the compliance with this law.
It adds number 2 of this same article that professionals are subject to the provisions of this law when they intervene
or they assist, due to a client or other circumstances, listing those same circumstances.
That is, whenever the lawyer assists or intervenes in assisting one of their clients, regarding operations related
the buying and selling of real estate, management of mutual funds and other assets,
opening and management of bank accounts, savings accounts or securities.
Article 54 and Article 11, item i) establish that Lawyers, Trainee Lawyers, and also all
lawyer's collaborators cannot disclose to the client that he is suspected of the practice
of the crime of money laundering and/or financing of terrorism.
Furthermore, in Article 11, paragraph g) and Article 52, a duty of thorough examination of all is required from the lawyer.

practices that can constitute a money laundering operation or financing of terrorism.

Then there is still the duty to refuse, provided for in article 11, paragraph e) and article 50. Here, the legislator provides that the

Lawyers must refuse to carry out suspicious operations when they cannot obtain the elements
identifiers of the subject.

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Também o dever de abstenção previsto no artigo 11 alínea d) e artigo 47, estabelecendo os Advogados devem
refrain from performing any suspicious operation.
And also the duty of collaboration provided in article 11, item h) and article 53, with Lawyers being required to provide
the necessary collaboration either with the Bar Association in which he is registered, or with the DCIAP or
Financial Information Unit, regarding the suspicious operation.
It also adds the duty of identification provided for in article 11, paragraph b) of article 11 and in articles 23.
following.
Here, lawyers are required to identify the client before starting any legal relationship or executing.
any operation. This duty is of utmost importance, as the Lawyer must always, even for the
your own security, request identifying elements from clients or the beneficial owner.
The duty of diligence requires that the lawyer act diligently to identify or establish the relationship.
legal with the client.
Finally, the duty of communication provided for in article 11, item c) and articles 43 and following. Here, the legislator establishes

that the Lawyer must communicate to the respective Bar Association in which they are registered, all operations
suspicions of money laundering and financing of terrorism.
This law is notoriously incompatible with the deontological obligation to maintain professional confidentiality, which aims to

to ensure the public interest, namely the administration of justice and the defense of clients' interests.
The principle of trust, alongside the principle of professional secrecy, embodies another pillar of the exercise of
Advocacy, as provided for in article 97 no. 1 of the Statute of the Bar Association, states that 'the relationship between the lawyer and the

the client must be based on mutual trust.

CARLOS PINTO DE ABREU understands that the principle of trust, mutatis mutandis, cannot be derogated.
medida em que “A defesa da dignidade da profissão, bem como o respeito pelos princípios basilares da advocacia em
especially the duties of independence, confidentiality, and trust are not compatible with participation in that capacity,
of lawyers in undercover actions, within the scope of
criminal investigations, for the purpose of obtaining information.

A client approaches me to propose an action that I know has no legal basis.

Under the terms of Article 89 of the Statute, the lawyer, in the exercise of their profession, always maintains in any

circumstances of your independence, should act free from any pressure, especially that which results from your
self-interests or external influences, refraining from neglecting professional ethics in order to
to please your client, colleagues, the court or third parties, in addition, you are obliged to defend rights,
freedoms and guarantees, to advocate for the good application of laws, for the swift administration of justice and for

improvement of culture and legal institutions.

Could the Judge prevent someone from entering the courtroom because they weren't wearing a robe?

The use of the toga is mandatory under the terms of article 74, number 1, however it is an ethical duty and not procedural, for the

that the judge could not prevent me from intervening, however, could inform the order of such fact.

Can the lawyer advertise?

Yes, but "contained" advertising under the terms of Article 94 of the Statute, as follows

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1 - Lawyers and law firms can promote their professional activity in an objective manner,
true and worthy, in strict respect of ethical duties, professional secrecy, and legal standards on
advertising and competition.
2 - It is understood, in particular, by objective information:

a) The personal, academic, and curricular identification of the lawyer or law firm;
b) The number of the professional license or the registration of the law firm;
c) The address of the main office and the addresses of offices in other locations;
d) The name, logo or other distinguishing sign of the office;
e) The indication of the areas or legal subjects of preferred practice;
f) The reference to specialization, as permitted in paragraph 3 of article 70.
g) The positions held in the Bar Association;
h) The professional collaborators effectively integrated into the lawyer's office;
i) The telephone, fax, email, and other communication tools available;
j) The schedule for serving the public;
k) The languages or idioms, spoken or written;
l) The indication of the respective website;
m) The placement, outside the office, of a sign or plaque identifying its existence.
3 - They are, namely, lawful acts of advertising:
a) The mention of the preferred area of activity;
b) The use of cards where objective information can be placed;
c) The listing in telephone directories, fax or similar of the status of lawyer;
d) The publication of information about changes of address, telephone, fax, and other related data
office
e) The mention of the condition of lawyer, accompanied by a brief curriculum note, in national professional yearbooks
Oh foreigners;
f) Promotion or intervention in conferences or colloquiums;
g) The publication of brochures or writings, circulars, and periodic articles on legal topics in the press
specialized or not, being able to sign with the indication of their status as a lawyer and of the professional organization
that integrates;

h) The mention of professional matters that are part of the lawyer's professional curriculum and in which they have
intervindo, não podendo ser feita referência ao nome do cliente, salvo, excecionalmente, quando autorizado por este,
if such disclosure is considered essential for the exercise of the profession in a specific situation, upon prior
resolution of the general council;
i) The direct or indirect reference to any public or private position or employment relationship that has been held;
j) The mention of the composition and structure of the office;

k) The inclusion of photographs, illustrations, and adopted logos.

4 - These are, notably, unlawful acts of advertising:
a) The placement of persuasive, ideological, self-aggrandizing, and comparative content;
b) The mention of the quality of the office;

c) The provision of false or misleading information;

d) The promise or inducement of producing results;
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e) The use of unsolicited direct advertising;

Once the internship is completed, which body of the OA does one become a part of?

I am now integrating the congress of Portuguese lawyers, as provided in article 27 of the Statute.
The congress represents all lawyers with valid registration, honorary lawyers, and also former ones.
lawyers whose registration has been canceled due to retirement.
They may be invited as delegated observers from national and foreign jurist associations and from
professional lawyer organizations from other countries.
The members of the higher, general, regional and deontology councils, the delegations and the delegates participate in the
congress, as observers, being able, in that capacity, to intervene in the discussion without the right to vote.

Is it allowed to share an office with a ROC, or multidisciplinary societies?

No. Under the terms of article 210 and 213, nº1 and nº7 of the statute

Lawyers established in national territory may exercise the profession in groups, forming or joining
as partners or associates in law firms. Lawyers can practice the profession by forming or
joining law firms as partners or associates
Law firms are not allowed to exercise their activity directly or indirectly in any type of
association or integration with other professions, activities and entities whose social purpose is not the exercise
exclusive to the legal profession.

I was hired just to sign the documents, they did everything, I just signed.
In accordance with article 112, number 1, paragraph f), I cannot sign opinions, legal documents, or other writings.

professionals who are not of my authorship or in whom I have not collaborated.

In this specific case, it would be a situation of unlawful representation, a prohibition on soliciting clients for oneself or through an intermediary.

person, because it was the society that arranged the clients as foreseen in article 90, paragraph 2 item h) and principle of

independence.

{"what_is_the_report":"What is the report?","who_can_request_report":"Who has the legitimacy to request a report?","can_this_report_be_evidence_in_a_lawsuit":"Is it possible for this report to be evidence in a lawsuit?"}

of fees? What is the evidentiary force?

A report is, within the terms of Article 2 of the Fee Report Regulation, a technical opinion and judgment on the
qualification and valorization of the services provided by lawyers
In accordance with the provisions of article 6 of the same regulation, the report on fees may be requested by the courts,
other advice from the Order and, regarding the respective accounts, by the lawyer, or their representative or successor,

by law firms, or by the constituent or client, or their representatives or successors. It may

still request a report who, in legal or contractual terms, is responsible for the payment of the fees of
lawyer.
Yes, a report can be evidence in a lawsuit and provides full proof as it is a technical report.

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