Legal news from Portugal – Courts resume normal activity
Portuguese Parliament approved the amendment to the diploma which established limitations on the functioning of the courts, implying that the courts will resume their normal operation, and pending matters will no longer be suspended.
A small number of exceptions will still prevail until the cease of the pandemics; these include the enforcement and judicial sale of family homes, the eviction of residential rented properties, and the subsequent proceedings for the deliverance of leased property. Also, the term for the debtor’s presentation to insolvency remains suspended.
Special rules were also introduced concerning the conduction of preliminary or final hearings, as well as to other formal sessions to be conducted requiring the personal attendance of either legal professionals or citizens. These hearings are previewed to be held with the personal attendance subject to the hygiene and health protection rules defined by the Directorate-General for Health. When personal hearing is either not possible, nor appropriate, the sessions may then be conducted through electronic communication systems such as teleconference or video call.
In short, all legal proceedings are now admitted being initiated, and courts will resume their regular course of action.
The amendment to the law which formerly established limitations on the functioning of the court system, was approved by the Portuguese Parliament (Assembleia da República) on May 14th and was enacted by the President of the Republic, on May 25th.
The entry into force of the new regulation is previewed to occur within five days from its publication in the Official Gazette (Diário da República)
