Civil Procedure Code at Portugal
The Civil Procedure Code of Portugal (Código de Processo Civil, CPC) governs the legal procedures for civil litigation in Portugal. It outlines the steps for initiating and conducting civil cases, including the role of courts, judges, and parties involved in the proceedings. The code is designed to ensure fairness, efficiency, and accessibility to justice for individuals and entities involved in civil disputes.
Here is an overview of the Civil Procedure Code of Portugal:
1. General Principles
The Civil Procedure Code (CPC) is based on the principles of equality, due process, adversarial system, and judicial independence.
It ensures that both parties in a dispute have an equal opportunity to present their case, and that the court has the responsibility to ensure that justice is served in an efficient manner.
The proceedings are largely adversarial, meaning the parties themselves present their evidence and arguments, while the judge oversees the process, ensuring fairness.
2. Court System
Portugal has a multi-tier court system for civil matters, consisting of several levels:
First Instance Courts (Tribunais de Primeira Instância): These are the courts where civil cases are initially filed. They handle a wide variety of civil disputes, including contractual matters, family law, torts, and property disputes.
Courts of Appeal (Tribunais da Relação): If a party is dissatisfied with the judgment from a first instance court, they can appeal to a Court of Appeal. The Courts of Appeal review both the facts and the law of the case.
Supreme Court of Justice (Supremo Tribunal de Justiça): The highest court in Portugal. Appeals from the Courts of Appeal are brought to the Supreme Court, but this court only examines points of law, not the facts of the case.
3. Commencing a Lawsuit
A civil lawsuit begins with the plaintiff filing a statement of claim (petição inicial) in the appropriate court.
The statement of claim must include:
Identification of the parties involved.
A summary of the facts and legal grounds for the claim.
The specific remedy or relief sought (e.g., damages, injunction).
The defendant is then notified of the claim and must respond within a prescribed time frame. The response may include the defendant’s defense and any counterclaims.
4. Court Proceedings
Preliminary Proceedings: After the statement of claim is filed, the court may schedule an initial hearing to assess the case. This could include discussions on procedural matters and the need for further investigation, such as expert reports or additional evidence.
Main Hearing: If the case proceeds, the court will hold a main hearing (a trial), during which both parties present their arguments, evidence, and call witnesses. The judge manages the hearing and ensures that both parties have the opportunity to present their case fully.
Role of the Judge: The judge plays an active role in overseeing the case, including the examination of evidence, questioning witnesses, and determining the admissibility of evidence.
Witnesses and Evidence: The parties can call witnesses to testify, submit documents, and present expert opinions to support their claims. The judge assesses the relevance and reliability of the evidence presented.
5. Evidence and Burden of Proof
The burden of proof generally lies with the party making the claim (the plaintiff). The plaintiff must present evidence sufficient to support the facts of their case.
Types of Evidence:
Documents (contracts, correspondence, etc.).
Witness Testimony.
Expert Reports (particularly in technical cases).
Physical Evidence.
The judge evaluates the weight and credibility of the evidence and determines the facts of the case based on the balance of probabilities.
6. Judgments and Orders
After the trial, the court will issue a judgment that includes:
A statement of the facts found by the court.
The legal reasoning for the decision.
A ruling on the relief sought, such as an award for damages, injunctions, or specific performance.
Interim Orders: In some cases, the court may issue interim measures (provisional orders) during the proceedings to protect the rights of one party before a final judgment is made. These could include temporary injunctions or seizure of property.
7. Appeals Process
Appeals to Courts of Appeal: If a party is dissatisfied with the judgment of a first instance court, they can appeal to the Court of Appeal. The Court of Appeal reviews both the facts and the legal arguments presented in the case.
Appeals to the Supreme Court: The Supreme Court of Justice hears appeals from the Court of Appeal. The Supreme Court typically deals with points of law, ensuring the correct interpretation and application of the law. It does not re-assess the facts of the case.
Grounds for Appeal: Appeals can be made on the grounds of legal errors, misapplication of the law, or procedural irregularities, but they generally cannot be made solely based on dissatisfaction with the judgment’s outcome.
8. Execution of Judgment
Once a judgment is final and binding, it can be enforced. If the losing party does not voluntarily comply with the judgment, the winning party can initiate enforcement procedures.
Enforcement can involve:
Seizure of assets.
Garnishment of wages or bank accounts.
Property sale to satisfy the judgment.
A court-appointed bailiff (agente de execução) handles the enforcement of judgments.
9. Special Procedures
Small Claims: Portugal has a simplified procedure for resolving small claims, known as the Small Claims Procedure. This procedure is intended to make it easier for individuals to pursue claims involving smaller amounts of money, with simplified procedural steps and reduced costs.
Summary Proceedings: For urgent cases, the court may conduct summary proceedings to grant temporary relief or interim orders before the full case is heard. These proceedings are typically quicker than regular trials and can involve preliminary injunctions or other temporary measures.
10. Arbitration and Alternative Dispute Resolution (ADR)
Arbitration is a popular alternative dispute resolution mechanism in Portugal, particularly in commercial disputes. The Portuguese Arbitration Law (Law No. 63/2011) governs arbitration proceedings.
Mediation and conciliation are also encouraged as means of resolving disputes outside the courts. In some cases, courts may refer parties to mediation or conciliation before or during proceedings.
11. Recent Reforms
Digitalization: The Portuguese judiciary has embraced digitalization, with the introduction of electronic filing and case management systems that streamline the legal process and improve access to justice.
Judicial Efficiency: There have been efforts to reduce case backlogs and increase the efficiency of court proceedings, including the introduction of measures to simplify procedures for small claims and certain family law matters.
Legal Aid: Portugal has a legal aid system designed to ensure access to justice for individuals who cannot afford to hire a lawyer. This system provides legal assistance in civil cases to eligible individuals.
12. Application of the Code
The Civil Procedure Code applies to all civil matters in Portugal, including contract disputes, family law, tort actions, and property disputes.
Specific areas of law, such as labor law, administrative law, or tax law, may have their own procedural rules that take precedence over the general provisions of the Civil Procedure Code.
RELATED Blog
0 comments