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Portuguese legal system brief overview
The Portuguese legal system is based on civil law and follows a continental European legal tradition. It is primarily influenced by Roman law and the Napoleonic Code. In this overview, I will provide a general understanding of the Portuguese legal system, including its sources of law, court structure, and legal professionals.
- Sources of Law: a. Constitution: The Portuguese Constitution is the supreme law of the land and provides the framework for the legal system. b. Legislation: Laws are enacted by the Parliament (Assembly of the Republic) and include codes, statutes, and regulations. c. Case Law: Judicial decisions, particularly those of higher courts, contribute to the development of law and serve as precedents.
- Court Structure: a. Constitutional Court: It is the highest court for constitutional matters, ensuring compliance with the Constitution. b. Supreme Court of Justice: It is the highest court for ordinary civil and criminal matters, responsible for ensuring the uniform interpretation and application of the law. c. Administrative and Tax Courts: These specialized courts handle administrative and tax-related disputes. d. Judicial Courts: They have jurisdiction over civil, criminal, and family matters. There are district courts (comarcas) and appellate courts (tribunais da relação). e. Arbitration: Alternative dispute resolution methods, such as arbitration, are also commonly used.
- Legal Professionals: a. Lawyers: Lawyers in Portugal are called “advogados.” They provide legal advice, represent clients in court, and draft legal documents. b. Judges: Judges are appointed through a competitive process and are responsible for adjudicating cases in the various courts. c. Public Prosecutors: Public prosecutors, known as “magistrados do Ministério Público,” represent the public interest in criminal proceedings. d. Notaries: Notaries (notários) handle various legal matters, including property transactions, wills, and powers of attorney.
- Civil Law: Portuguese civil law governs private relationships between individuals and legal entities. The Portuguese Civil Code is the primary legislation in this area, covering topics such as contracts, property, family law, and inheritance.
- Criminal Law: Portuguese criminal law is governed by the Portuguese Penal Code, which defines criminal offenses and their corresponding penalties. Criminal proceedings are initiated by public prosecutors and decided by judges in criminal courts.
- Administrative Law: Administrative law in Portugal regulates the relationship between individuals and public authorities. It covers areas such as administrative procedures, public contracts, and administrative liability.
- Legal Education and Bar Association: To become a lawyer in Portugal, individuals must obtain a law degree from a recognized university and pass the Bar Association examination. The Portuguese Bar Association (Ordem dos Advogados) regulates the legal profession and sets ethical and professional standards for lawyers.
It is important to note that this overview provides a general understanding of the Portuguese legal system, and there may be more specific details and nuances within each area of law. Consulting legal professionals or official legal sources is advisable for specific legal advice or detailed information on particular legal matters.
