Portuguese legal system

Portuguese legal system
Name	Portuguese legal system
Type	Civil law
Country	Portugal
Based on	Roman law; Napoleonic Code; Corpus Juris Civilis
Courts	Supremo Tribunal de Justiça, Tribunal Constitucional

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Portuguese legal system

The Portuguese legal system is a civil law system rooted in Roman law, shaped by the Napoleonic Code, and codified through major instruments such as the Código Civil and the Constitution of Portugal. It evolved under influences from medieval Iberian compilations like the Siete Partidas and later reforms associated with figures such as Alexandre Herculano and events like the Liberal Revolution of 1820. The system operates within the framework of the European Union and interacts with supranational institutions such as the European Court of Justice and the European Court of Human Rights.

History

Portuguese legal development traces to Visigothic codes exemplified by the Breviary of Alaric and to medieval compilations including the Siete Partidas and the Ordenações Afonsinas. The Age of Discovery and colonial administration prompted ordinances like the Ordenações Manuelinas and the Ordenações Filipinas. Nineteenth-century transitions after the Liberal Revolution of 1820 led to the adoption of new civil codes influenced by the Napoleonic Code and to jurists connected with the Porto School and the University of Coimbra. Twentieth-century constitutional episodes such as the Carnation Revolution produced the current Constitution of Portugal ratified in 1976 and subsequently amended after referendums tied to Portugal's accession to the European Economic Community.

Primary statutory sources include the Constitution of Portugal, the Código Civil (civil code), the Código Penal, and administrative statutes enacted by the Assembleia da República. Treaty law derives from instruments like the Treaty of Lisbon and directives from the European Union while human rights guarantees are reinforced by instruments such as the European Convention on Human Rights. Customary law and doctrine from jurists associated with the Universidade de Coimbra and the Universidade de Lisboa influence interpretation, and jurisprudence from the Supremo Tribunal de Justiça and the Tribunal Constitucional provides precedent within the civil law tradition.

The constitutional order rests on the Constitution of Portugal which delineates rights protected under instruments like the Universal Declaration of Human Rights and the European Convention on Human Rights. Political organization is set by institutions including the Presidency of the Republic, the Assembleia da República, the Government of Portugal, and local authorities such as the Municipalities of Portugal. The constitution establishes separation of powers principles reflected in decisions by the Tribunal Constitucional and procedures for constitutional revision influenced by episodes like the 1976 Portuguese legislative election and the democratic transition following the Carnation Revolution.

The judiciary comprises courts such as the Supremo Tribunal de Justiça at the apex for civil and criminal matters, the Tribunal Constitucional for constitutional adjudication, and regional jurisdictions including the Tribunal da Relação courts. Specialized bodies include the Conselho Superior da Magistratura overseeing magistrates and administrative courts like the Tribunal Central Administrativo. European matters may reach the Court of Justice of the European Union and the European Court of Human Rights following domestic remedies. Judicial appointments and careers are influenced by institutions like the Escola da Magistratura and by legal education at the Universidade Católica Portuguesa.

Key professions include advogados (lawyers) regulated by the Ordem dos Advogados and solicitadores practicing in transactional contexts, alongside public prosecutors from the Ministério Público. Legal education is offered at universities such as the Universidade de Coimbra, Universidade do Porto, and Universidade de Lisboa with postgraduate training linked to the Instituto de Direito and bar examinations administered by the Ordem dos Advogados. Legal practice intersects with institutions like the Banco de Portugal in financial litigation and with arbitration centers such as the Centro de Arbitragem Comercial de Lisboa.

Procedural law is codified in instruments like the Código de Processo Civil and the Código de Processo Penal. Criminal procedure reforms influenced by cases under the European Convention on Human Rights address rights of the accused, detention review by the Tribunal da Relação, and prosecutorial conduct by the Ministério Público. Civil procedure provides mechanisms for execution of judgments, interim relief, and insolvency processes governed by statutes such as the Código da Insolvência e da Recuperação de Empresas. Specialized procedures exist for administrative disputes before the Tribunal Central Administrativo and for family law matters under the Código Civil.

Administrative review occurs through hierarchical review by ministries and judicial review by administrative courts including the Tribunal Central Administrativo and regional administrative tribunals. Constitutional review is centralized in the Tribunal Constitucional which assesses statutes, international treaties like the Treaty of Lisbon, and electoral disputes such as those adjudicated after the Portuguese legislative election, 1976. Decisions of the Tribunal Constitucional interact with rulings of the Supremo Tribunal de Justiça and with remedies available via the European Court of Human Rights.

Category:Law of Portugal