Portugal, with a population of 10.4 million living in a territory of 92,000 square kilometers, shares its only border with Spain. The country predominantly practices Catholicism, enjoys a mild climate, a high quality of life, and is considered one of the most peaceful nations in the world. The judicial system in Portugal is well-structured, ensuring fairness and accessibility for all citizens.
The Portuguese Constitution, adopted in 2005, comprises 296 articles. The judiciary is addressed in Articles 205 to 218, and the Public Prosecutor’s Office in Articles 219 and 220—much less space than that dedicated to these institutions in Brazil’s Constitution. Article 209 refers to the legal profession as “forensic advocacy,” ensuring necessary immunities for lawyers in their practice.
Judicial Courts
Portugal’s judicial courts include:
a) The Supreme Court of Justice and the first and second-instance courts;
b) The Supreme Administrative Court and other administrative and tax courts;
c) The Court of Auditors.
The first-instance courts, referred to as “Tribunais de Comarca” in Portugal, are analogous to what is called “District Courts” in the United States.
Portugal also has a Constitutional Court, which is separate from the judicial career and is specifically addressed in Articles 221 to 224 of the Constitution. This court consists of 13 judges appointed or co-opted by the Assembly of the Republic, with seven being jurists and six from the career judiciary, all serving a non-renewable nine-year term. The court’s website presents a less formal image compared to judicial courts, aiming for closer public connection.
Unitary Judicial System
As a unitary state, Portugal has a single judicial system, similar to Italy and most other countries. Its judges, whose titles begin with “judge” (such as “judge of appeals”), form a single body subject to a single statute. While the principles of the judiciary are outlined in the Constitution, the details of judicial careers are covered in Law 21/1985 and other specific laws.
At the top of the judicial hierarchy is the Supreme Court of Justice. The “Tribunais da Relação,” a term used in Brazil until the establishment of the Republic, correspond to Brazil’s Courts of Justice. The first-instance courts are the “Tribunais de Comarca.” Military courts are provided for in the event of war. The Law No. 3/1999, governing the Organization and Functioning of Judicial Courts (LOFTJ), regulates the judiciary, allowing specialization at all levels, such as the Court of Competition, Regulation, and Supervision.
Portugal maintains “Julgados de Paz” (Peace Courts), which were abolished in Brazil with the 1988 Constitution. The Council of Peace Courts, functioning within the Assembly of the Republic, manages these courts across the country, including appointing judges.
The Constitution also allows for the existence of arbitration courts. In Lisbon, the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry, founded in 1987, is the oldest in the country.
Additional Superior Courts
An interesting aspect of the Portuguese judicial organization is the existence of two additional superior courts, both functioning as the highest instance within their jurisdictions. These are the Supreme Administrative Court and the Court of Auditors, regulated by Law No. 13/2002, the Statute of Administrative and Tax Courts. Notably, these two courts are subject to decisions on constitutionality issued by the Constitutional Court. The judges of these courts receive salaries comparable to those of the Supreme Court.
Additionally, there are first and second-instance Administrative and Tax Courts, which report to the Superior Council of Administrative and Tax Courts, established by Law No. 129 on April 27, 1984.
The Statute of Magistrates
The Judicial Studies Center (CEJ) holds a single competitive examination for entry into the judiciary and the Public Prosecutor’s Office. The requirements to become a judge are outlined in Article 40 of the statute (e.g., being a Portuguese citizen). The CEJ, presided over by the chief advisor of the Supreme Military Court, is responsible for the training of judges throughout their careers.
The Constitution guarantees judges’ tenure, preventing them from being transferred, suspended, retired, or dismissed except in cases specified by law. Law 21 of July 23, 1985, the Statute of the Judicial Magistracy, regulates the activities of career magistrates and applies to judges at all levels, including the Supreme Court. This statute ensures their lifetime appointment. However, it does not reference the irreducibility of salaries, a guarantee present in Brazil.
Judges in active service cannot hold any other public or private position, except for unpaid teaching or legal research roles. They also cannot be appointed to service commissions outside the judicial activity without authorization from the relevant superior council.
The Constitution provides for the existence of the Superior Council of the Judiciary, composed of 16 members—two appointed by the President, seven by the Assembly, and seven selected from career judges. The Council is the supreme body for the management and discipline of the judiciary, including the Supreme Court. It is presided over by the president of the Supreme Court and has various significant functions, including the appointment, transfer, promotion, and disciplinary action of judicial magistrates.
Judicial magistrates are prohibited from making statements or comments about cases, although the law allows exceptions for matters not covered by confidentiality, provided there is a legitimate reason, such as access to information. Judges wear judicial robes during hearings and are entitled to special security measures for themselves, their families, and their property when threatened due to their duties.
Judicial Assessment
All aspects of a judicial magistrate’s career are regulated by a grading system established by oversight bodies. There are three types of assessments: good, sufficient, and mediocre. Obviously, a good rating is required for all prominent positions. A mediocre rating results in the suspension of a magistrate’s duties and the initiation of an investigation into their fitness for the role.
To retire, magistrates must have at least 25 years of service. However, there are more opportunities for temporary leave from the judiciary (e.g., to serve as a director or teacher at the CEJ). The last five years before retirement must be in judicial service. Retirees remain bound by statutory duties and are linked to their former court, retaining titles, honors, and immunities corresponding to their rank, and can attend solemn ceremonies in professional attire, sitting to the right of active magistrates.
Appointments to the position of appellate judge in the Court of Appeals are made through promotion based on merit, emphasizing qualifications among first-instance judges. This is not automatic, as it is in Brazil, which alternates between seniority and merit-based appointments.
Like many countries, Portugal faces an excessive volume of cases, a phenomenon stemming from the strengthening of the judiciary. However, Portugal has adopted an interesting solution to combat delays in adjudication. Article 39 of Law 3/99 allows for the creation of judges beyond the standard quota, proposed by the Superior Council of the Judiciary to the Supreme Court, with positions extinguished within two years. These positions are created by joint order of the Ministers of Finance, the Presidency, and Justice, showcasing an administrative measure with a specified duration rather than permanent appointments.
Another notable aspect is the “Campus of Justice in Lisbon,” which occupies about three blocks with gardens and well-maintained buildings housing various judicial functions such as courts, public prosecution, registration, and criminal and civil judgments.
The Court of Appeals in Porto
Portugal has five Courts of Appeals located in Évora, Guimarães, Porto, Coimbra, and Lisbon. The Porto Court is the oldest, established in 1582, and it is responsible for hearing appeals from the Porto, Porto Este, and Aveiro districts, staffed by 94 appellate judges, a proportionally larger number than that found in Brazilian Courts of Justice.
The building is a neoclassical structure from the early 1950s, spacious and well-kept. The entrance and service procedures resemble those of Brazilian courts, with access regulated and guidance provided with care. The presidency, located on the eighth floor, is held by Judge José Igreja Matos, who brings 34 years of judicial experience and previously presided over the International Union of Magistrates, an organization uniting 94 associations of judges worldwide. This experience undoubtedly provides him with insights into effective practices that can be implemented in his court.
Judges decide in specialized chambers. Civil appeals, similar to those in Uruguay, do not allow for oral arguments; they are discussed and decided in a room designed for the judges. This clearly speeds up the process. The court’s auditorium and deliberation rooms feature beautiful paintings related to the history of Porto and Portugal, as seen on the court’s website. The court maintains direct engagement with the community, hosting exhibitions and cultural events. The rich history of the court is showcased in the recently created Museum of Conflict, equipped with modern facilities and highlighting five of its most controversial judgments, including that of the writer Camilo Castelo Branco. The court exemplifies elegant simplicity and efficiency.
In summary, this is an overview of the efficient judicial system of Portugal, which merits greater recognition among Brazilians.
