The Law of Portugal is part of the family of what in English-speaking countries are sometimes called the "
civil law" legal systems, referring to legal systems that developed at least in conversation or close ties with systems influenced by the
ius commune
or is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the was ...
medieval European tradition of
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I.
Roman law also den ...
(however, Scandinavian legal systems are often counted as such, despite the former not penetrating in influence, as opposed to local North Germanic customary law). As such, it has many common features with the legal systems found in most of the countries in
Continental Europe
Continental Europe or mainland Europe is the contiguous mainland of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by som ...
.
Along its history, the law practiced in Portugal started to be based in the
customary law
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudinary or unofficial law) exists wher ...
of the indigenous peoples that initially occupied the region, that was later influenced by the Roman and
Visigothic laws. From the 13th until the 18th centuries, the main influence was the
Justinian
Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565.
His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was ...
and
Canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
s. In the 18th century, the main influence started to be the
natural law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
.
[ CAETANO, Marcello]
«História do Direito Português», 1944
/ref>
In the 19th century, the French civil law
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law ().
Judicial law includes, in particular:
* ()
* Criminal law ()
Public law includes, in particular:
* Administrative law ( ...
was the main influence in the Law of Portugal. However, since the early 20th century, the major influence has been the German civil law. This growing of the Germanistic influence was mainly driven by works on civil law developed by legal theorists of the University of Coimbra under the leadership of professor Guilherme Alves Moreira, who published his decisive ''Instituições de Direito Civil'' from 1906 to 1916. European Union law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
is now a major driving force in many respects, such as corporate law, administrative law and civil procedure.
The Law of Portugal is the basis or, at least, influences more or less sharply the legal systems of the several countries of the Community of Portuguese Language Countries
The Community of Portuguese Language Countries (; : CPLP), also known as the Lusophone Commonwealth or Lusophone Community (), is an international organization and political association of Lusophone nations across four continents, where Portug ...
and of some other territories that were once part of the Portuguese Empire
The Portuguese Empire was a colonial empire that existed between 1415 and 1999. In conjunction with the Spanish Empire, it ushered in the European Age of Discovery. It achieved a global scale, controlling vast portions of the Americas, Africa ...
. Therefore, these legal systems share many common features which, occasionally, makes them to be considered as a separate branch (Lusophone Legal System) in the scope of the wider family of civil law legal systems.
The main Portuguese laws include the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
(1976, as amended), the Civil Code (1966, as amended), the Penal Code (1982, as amended), the Labor Code (2003, as amended) and the Commercial Societies Code (1986, as amended). The Commercial Code (1888, as amended) and the Administrative Code (1945, as amended) used to have a high importance in the past, but are now largely obsolete and partially replaced by new legislation.
History
As in most other European medieval
In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of World history (field), global history. It began with the fall of the West ...
countries, Portugal did not have centralized political institutions that would enact statutory law on an everyday basis. Both the wars against Castile and the ''Reconquista
The ''Reconquista'' (Spanish language, Spanish and Portuguese language, Portuguese for ) or the fall of al-Andalus was a series of military and cultural campaigns that European Christian Reconquista#Northern Christian realms, kingdoms waged ag ...
'' turned the Crown and the Court into an army permanently on the move. Some Portuguese legal historians claim that in the first two centuries after the Treaty of Zamora
The Conference of Zamora was a diplomatic meeting held on 4–5 October 1143 between Afonso Henriques, then styled Infante of Portugal, and his cousin Alfonso VII of León, King of León and Castile. It took place at the Cathedral of Zamora ...
in 1143—in which the León recognized Portuguese de facto sovereignty—the kingdom's political power was that of a "Warrior-State" that neither could, nor did, direct its resources to the organization of administrative institutions or to the productions of laws.
An exception to this fact were the three laws enacted by King Afonso II in 1211 during the ''Cortes
Cortes, Cortés, Cortês, Corts, or Cortès may refer to:
People
* Cortes (surname), including a list of people with the name
** Hernán Cortés (1485–1547), a Spanish conquistador
Places
* Cortes, Navarre, a village in the South border of ...
'' of Coimbra.
During most of Portuguese legal history, Portugal and its colonies had an ancient legal system based on a double foundation of medieval local customary law
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudinary or unofficial law) exists wher ...
and Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I.
Roman law also den ...
, mostly derived from the ''Corpus iuris civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred ...
''.
What would be the Portuguese law has its roots in the laws that were applied in the Far Western region of Europe that would become Portugal. These included the customary law
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudinary or unofficial law) exists wher ...
of the Indo-European
The Indo-European languages are a language family native to the northern Indian subcontinent, most of Europe, and the Iranian plateau with additional native branches found in regions such as Sri Lanka, the Maldives, parts of Central Asia (e. ...
and Celtic
Celtic, Celtics or Keltic may refer to:
Language and ethnicity
*pertaining to Celts, a collection of Indo-European peoples in Europe and Anatolia
**Celts (modern)
*Celtic languages
**Proto-Celtic language
*Celtic music
*Celtic nations
Sports Foot ...
peoples that originally lived in the area (including the Lusitanians
The Lusitanians were an Indo-European languages, Indo-European-speaking people living in the far west of the Iberian Peninsula, in present-day central Portugal and Extremadura and Castilla y Leon of Spain. It is uncertain whether the Lusitanians ...
and the Gallaecians
The Gallaeci (also Callaeci or Callaici; ) were a Celtic tribal complex who inhabited Gallaecia, the north-western corner of Iberia, a region roughly corresponding to what is now the Norte Region in northern Portugal, and the Spanish regions o ...
), the Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I.
Roman law also den ...
applied after the annexation of the region by the Roman Empire
The Roman Empire ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of ...
, the German law
The law of Germany (), that being the modern German legal system (), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example ...
introduced by the Germanic invaders (including the Visigoths
The Visigoths (; ) were a Germanic people united under the rule of a king and living within the Roman Empire during late antiquity. The Visigoths first appeared in the Balkans, as a Roman-allied Barbarian kingdoms, barbarian military group unite ...
and Suebi
file:1st century Germani.png, 300px, The approximate positions of some Germanic peoples reported by Graeco-Roman authors in the 1st century. Suebian peoples in red, and other Irminones in purple.
The Suebi (also spelled Suavi, Suevi or Suebians ...
) and the Canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
applied after the adoption of the Christianity
Christianity is an Abrahamic monotheistic religion, which states that Jesus in Christianity, Jesus is the Son of God (Christianity), Son of God and Resurrection of Jesus, rose from the dead after his Crucifixion of Jesus, crucifixion, whose ...
and the increased influence of the Church.[Ernesto Fernandes e Anibal Rêgo, ''História do Direito Português (Súmula das lições proferidas pelo Prof. Marcelo Caetano)'', Lisboa, 1941](_blank)
/ref>
After the establishment of independent Kingdom of Portugal in 1143, the historical evolution of its law can be generically divided in the following periods:
# 12th - 13th century - Use of the customary and custumal
A custumal is a medieval-English document that stipulates the economic, political, and social customs of a manor or town. It is common for it to include an inventory of customs, regular agricultural, trading and financial activities as well as l ...
law, with a strong Roman, Germanic and Canonical influence;
# 13th to 15th centuries - Roman-Byzantine (''Corpus iuris civilis'') and Canon derived law;
# 15th to 18th centuries - Roman-Byzantine and Canon derived law, compiled in the Ordinances;
# 18th century to 1832 - Introduction of the Natural law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
and the increasing influence of the Liberalism
Liberalism is a Political philosophy, political and moral philosophy based on the Individual rights, rights of the individual, liberty, consent of the governed, political equality, the right to private property, and equality before the law. ...
;
# 1832 to 1926 - Strong influence the Liberalism and Individualism
Individualism is the moral stance, political philosophy, ideology, and social outlook that emphasizes the intrinsic worth of the individual. Individualists promote realizing one's goals and desires, valuing independence and self-reliance, and a ...
and introduction of the codification of the law;
# 1926 to 1974 - Strong influence of the Corporatism
Corporatism is an ideology and political system of interest representation and policymaking whereby Corporate group (sociology), corporate groups, such as agricultural, labour, military, business, scientific, or guild associations, come toget ...
;
# Since 1974 - Modern era, with Socialism
Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
influence, latter tilted to the Neoliberal
Neoliberalism is a political and economic ideology that advocates for free-market capitalism, which became dominant in policy-making from the late 20th century onward. The term has multiple, competing definitions, and is most often used pej ...
and European law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
influence.
Ordinances
However, following the 1383–85 Crisis, the beginning of the age of Portuguese Discoveries
Portuguese maritime explorations resulted in numerous territories and maritime routes recorded by the Portuguese on journeys during the 15th and 16th centuries. Portuguese sailors were at the vanguard of European exploration, chronicling and mapp ...
and the establishment and growing of the overseas empire, the Kings of Portugal were able to grow politically stronger.
This strength allowed the centralization of power and an increase of legal authority of the central State. One of the expressions of this authority was the creation of compilations of laws in use in the Kingdom referred as the "Ordinances" (). These attempts to codify the law were not only a way to unify and bring together the local legal traditions from the whole Kingdom, but also to correct some customs that the Crown thought were unreasonable.
The first of these ordinances was created by the initiative of King Edward
Edward is an English male name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortunate; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-S ...
, under the lead of Doctor of Law . Their first draft was presented in 1446, but they were only definitively reviewed and approved in 1454, already in the reign of Afonso V, so becoming known as the Alfonsine Ordinances ().
These ordinances included:
* Alfonsine Ordinances, 1446 (formally approved 1454) – under King Edward and Duke Peter of Coimbra (regent in the name of King Afonso V, while he was a minor);
* Manueline Ordinances
The Manueline Ordinances () were an exhaustive compilation of the entire legal system in Portugal and its colonial possessions that was issued in 1512 by King Manuel I
Manuel I (; 31 May 146913 December 1521), known as the Fortunate (), was ...
(), 1512–1520 - under King Manuel I Manuel I may refer to:
*Manuel I Komnenos
Manuel I Komnenos (; 28 November 1118 – 24 September 1180), Latinized as Comnenus, also called Porphyrogenitus (; " born in the purple"), was a Byzantine emperor of the 12th century who reigned ov ...
. They were modified in 1526, 1533 and 1580;
* (), 1603 - under King Philip II. As these were established during the period of the Iberian Union
The Iberian Union is a historiographical term used to describe the period in which the Habsburg Spain, Monarchy of Spain under Habsburg dynasty, until then the personal union of the crowns of Crown of Castile, Castile and Crown of Aragon, Aragon ...
, they were influenced by Spanish law.
The ordinances of 1603 continued to be used in Portugal and throughout the Portuguese Empire
The Portuguese Empire was a colonial empire that existed between 1415 and 1999. In conjunction with the Spanish Empire, it ushered in the European Age of Discovery. It achieved a global scale, controlling vast portions of the Americas, Africa ...
until the first came into force in 1867. In Brazil, they continued to be in force after independence
Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of ...
in 1822 and constituted the framework of civil law until 1916, when the first Brazilian Civil Code
The current Brazilian Civil Code (Law 10.406 of January 10, 2002) has been in force since January 11 or 12, 2003, after its one-year ''vacatio legis''. The first version dates from 1916, after the publication of Law No. 3,071 of the same year.
S ...
was introduced.
The process of codification
Following the establishment of the Constitutional Monarchy
Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
, Portugal applied deep reforms in its legal system that included a wide process of legal codification. This process led to the creation of a number of codes of law, including the constitutions themselves (Constitution of 1822, replaced by the Constitutional Charter of 1826
The Charter of 1826 or ''Carta Constitucional'', often simply referred to as the ''Carta'', was the second constitution in Portuguese history. It was given to the country in 1826 by King Dom Pedro IV. The constitution remained in force, with th ...
), the Administrative Code (1842), the Penal Code (1852, after a failed initial attempt in 1837), the Civil Code (1867) and the Commercial Code (1883).
The first Portuguese Civil Code closely followed the model of the Napoleonic Code
The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...
, being approved by the charter of law of 1 July 1867 and entering in force on 22 March 1868. It is referred as the "Code of 1867" or as the "Seabra's Code" due to the important collaboration of the jurist
A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
António Luís de Seabra (Count of Seabra) in its making.
Although formally in force for 100 years, the Code of 1867 suffered many modifications during its history. These included the amendments made since the beginning of the 20th century in order to tilt the Portuguese civil law towards the approach of the German legal system, by the influence of the ideas defended by the legal theorists of the University of Coimbra, headed by professor Guilherme Alves Moreira.
The Civil Code of 1867 was also applied to the then Portuguese overseas territories. In the Portuguese India
The State of India, also known as the Portuguese State of India or Portuguese India, was a state of the Portuguese Empire founded seven years after the discovery of the sea route to the Indian subcontinent by Vasco da Gama, a subject of the ...
, it was introduced in 1870, suffering a major local adaption in 1880 in order to contemplate the usages of the local Hindu community. With the amendments and adaptations suffered until then, the Code of 1867 was in force in the territories of Portuguese India when the Republic of India
India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area; the most populous country since 2023; and, since its independence in 1947, the world's most populous democracy. Bounded by ...
invaded them (Dadra and Nagar Haveli
Dadra and Nagar Haveli is a district of the union territory of Dadra and Nagar Haveli and Daman and Diu in western India. It is composed of two separate geographical entities: Nagar Haveli, wedged in between Maharashtra and Gujarat states; and ...
in 1954 and the rest of the territories in 1961), with the Code of 1966 never being applied here. The Portuguese legal system was kept in place and the Code of 1867 is still in force in what is now the Goa state
Goa (; ; ) is a States and union territories of India, state on the southwestern coast of India within the Konkan region, geographically separated from the Deccan Plateau, Deccan highlands by the Western Ghats. It is bound by the Indian sta ...
- where it is referred as the Goa Civil Code or the Goa Family Law - and also in what is now the union territory of Dadra and Nagar Haveli and Daman and Diu
Dadra and Nagar Haveli and Daman and Diu is a union territory in India. The territory was constituted through the merger of the former territories of Dadra and Nagar Haveli and Daman and Diu. Plans for the proposed merger were announced by th ...
.
The second and current Civil Code was established on 25 November 1966, entering in force on 1 June 1967. It is referred as the "Civil Code of 1966" or as the "Vaz Serra's Code" in honor to Adriano Vaz Serra, who presided the commission that created it. This new Code followed the model of the German Civil Code (''Bürgerliches Gesetzbuch
The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbr ...
'') and was the culmination of the successive transformations of the previous Code of 1867 that made it to move away from the Napoleonic model and approach the Germanistic model of civil law.
The Code of 1966 was applied both to Portugal and to the reminiscent Portuguese overseas territories at that time. It continued to be in force until today in Angola
Angola, officially the Republic of Angola, is a country on the west-Central Africa, central coast of Southern Africa. It is the second-largest Portuguese-speaking world, Portuguese-speaking (Lusophone) country in both total area and List of c ...
, Cape Verde
Cape Verde or Cabo Verde, officially the Republic of Cabo Verde, is an island country and archipelagic state of West Africa in the central Atlantic Ocean, consisting of ten volcanic islands with a combined land area of about . These islands ...
, Guinea-Bissau
Guinea-Bissau, officially the Republic of Guinea-Bissau, is a country in West Africa that covers with an estimated population of 2,026,778. It borders Senegal to Guinea-Bissau–Senegal border, its north and Guinea to Guinea–Guinea-Bissau b ...
, Mozambique
Mozambique, officially the Republic of Mozambique, is a country located in Southeast Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west, and Eswatini and South Afr ...
and São Tomé and Príncipe
São Tomé and Príncipe, officially the Democratic Republic of São Tomé and Príncipe, is an island country in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of two archipelagos around the two main isla ...
, even after the independence of these countries in the period of 1974–1975. In Timor-Leste
Timor-Leste, also known as East Timor, officially the Democratic Republic of Timor-Leste, is a country in Southeast Asia. It comprises the eastern half of the island of Timor, the coastal exclave of Oecusse in the island's northwest, and ...
, it was replaced '' de facto'' (although not ''de jure
In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...
'') by the Indonesian Civil Code (itself based in the Dutch Civil Code of 1838) when Indonesia annexed this country in 1976, following its invasion in the previous year. After regaining independence in 2002, Timor-Leste adopted its own Civil Code in 2011, which follows closely the Portuguese Code of 1966. Macau
Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
continued under Portuguese administration until 1999 and, in this last this year, replaced the Code of 1966 by its own Civil Code which effectively amounts to a revision of the previous Code, prepared under the influence of Portuguese jurists, especially from the Faculty of Law of the University of Coimbra.
Modern era
After the Carnation Revolution
The Carnation Revolution (), code-named Operation Historic Turn (), also known as the 25 April (), was a military coup by military officers that overthrew the Estado Novo government on 25 April 1974 in Portugal. The coup produced major socia ...
in 1974, the Portuguese legal system was changed due to the new political and civil demands. The new Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
approved in 1976, was written under a myriad of communist
Communism () is a sociopolitical, philosophical, and economic ideology within the socialist movement, whose goal is the creation of a communist society, a socioeconomic order centered on common ownership of the means of production, di ...
and socialist
Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
-inspired ideologies and bias in order to replace the previous regime's system. For a number of years, the country bounced between socialism
Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
and adherence to the neoliberal
Neoliberalism is a political and economic ideology that advocates for free-market capitalism, which became dominant in policy-making from the late 20th century onward. The term has multiple, competing definitions, and is most often used pej ...
model. Land reform
Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution.
Lan ...
and nationalization
Nationalization (nationalisation in British English)
is the process of transforming privately owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization contrasts with p ...
s were enforced. Until the constitutional revisions of 1982 and 1989, the Constitution was a highly charged ideological document with numerous references to socialism, the rights of workers and the desirability of a socialist economy
Socialist economics comprises the economic theories, practices and norms of hypothetical and existing socialist economic systems. A socialist economic system is characterized by social ownership and operation of the means of production that m ...
.
The sharp increase of the number of lawyers and judicial state-employees throughout the following decades did not produce increased efficiency in the legal system. The proliferation of both private and public law schools created a massive increase of numerus clausus
''Numerus clausus'' ("closed number" in Latin) is one of many methods used to limit the number of students who may study at a university. In many cases, the goal of the ''numerus clausus'' is simply to limit the number of students to the maximu ...
vacancies for new law students across the whole country year after year, together with lower admission selectivity and a downgrade of academic integrity.[Estágio: Bastonário diz que Ordem vai recorrer de decisão de tribunal administrativo]
''""Bater-me-ei com todas as minhas forças contra o facilitismo e bater-me-ei pela dignificação desta profissão. Queremos escolher os melhores e não os maus licenciados que tiram os cursos quase por correspondência ou porque pagam propinas", garantiu na ocasião."''["Universidades abandalharam ensino do direito"]
, Diário de Notícias
() is a Portuguese weekly newspaper published in Lisbon, Portugal. Established since 1864, the paper is considered a newspaper of record for Portugal.
History and profile
''Diário de Notícias'' was first published in Lisbon on 29 December 1 ...
(9 April 2012) Already internationally known for decades as excruciatingly slow and inefficient for European Union and USA standards, Portugal's justice system was by 2011 the second slowest in Western Europe
Western Europe is the western region of Europe. The region's extent varies depending on context.
The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the Western half of the ancient Mediterranean ...
after Italy's, even though it has one of the highest rates of judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s and prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
s, over 30 per 100,000 people, a feature that plagued the entire Portuguese public service
A public service or service of general (economic) interest is any service intended to address the needs of aggregate members of a community, whether provided directly by a public sector agency, via public financing available to private busin ...
, reputed for its overcapacity, useless redundancies and a general lack of productivity as a whole. After the collapse of the Portuguese public finances and banking system in 2011 amid the larger European sovereign debt crisis
The euro area crisis, often also referred to as the eurozone crisis, European debt crisis, or European sovereign debt crisis, was a multi-year debt crisis and financial crisis in the European Union (EU) from 2009 until, in Greece, 2018. The ...
that impelled Portugal to European Union-International Monetary Fund state bailout, many reforms were put in place and measures to cut down costs and increase productivity were enforced across the entire public service. The number of district courts were slashed to 23 from 320, pooling their work in larger centers and closing courts in rural areas where the population has shrunk since the system was established in 1837. Courts were also reorganized to specialize to deal with labor or trade issues.
Legislative system
Legislative process
Accordingly, with the Portuguese Constitution, the legislative function is shared between the Assembly of the Republic (parliament), the Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
and the self-government bodies of the Portuguese autonomous regions (only for specific regional matters). The Government can only legislate about its own organization, about the development and regulation of basic law
A basic law is either a codified constitution, or in countries with uncodified constitutions, a law designed to have the effect of a constitution. The term ''basic law'' is used in some places as an alternative to "constitution" and may be inte ...
s issued by the Assembly and on matters for which it is authorized to legislate by the Assembly (under a legislative authorization). All other matters must be legislated by the Assembly, including some reserved matters regarding which no legislative authorization can be given to the Government. The legislative function reserved for the bodies of self-government of the autonomous regions is assured by their respective regional legislative assemblies, in the conditions defined by the Constitution and the political and administrative statute of each region.
The legislative process is led either by the Assembly of the Republic, by the Government or by the legislative assemblies of the autonomous regions, depending on the matter to be legislated and the corresponding respective competence of each body. The ordinary laws issued by the Assembly of the Republic are named "laws", those issued by the Government are named "decree-laws" and those issued by the regional legislative assemblies are named "regional legislative decrees".
The process of creation of the laws of the Assembly of the Republic starts with a bill either proposed by members of parliament (named "projects of law") or by the Government (named "proposals of law"). If approved by the Assembly, the bill starts to be designated "decree" and is sent for the promulgation
Promulgation is the formal proclamation or the declaration that a new statute, statutory or administrative law is enacted after its final Enactment of a bill, approval. In some jurisdiction (area), jurisdictions, this additional step is necessary ...
by the President of the Republic
The President of the Republic is a title used for heads of state and/or heads of government in countries having republican form of government.
Designation
In most cases the president of a republic is elected, either:
* by direct universal s ...
. The promulgation is the act by which the President solemnly testifies the existence of a rule of law and intimates its observation. The President may however decide not to promulgate the act and to veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...
it with a political or legal justification. The veto can be exceeded if the bill is voted and approved by of more than two-thirds of the members of parliament, in which case the President is obliged to promulgate it. After the promulgation, the act is sent to the Government for a ministerial referenda and then is published in the ''Diário da República
The ''Diário da República'' (DR) is the official gazette of Portugal. Between 1869 and 1976, it was called the ''Diário do Governo''.
It is published by the National Printing House and comprises two series. Laws, decree-laws, decisions by t ...
'' (official journal) as a law.
The process for the creation of decree-laws by the Government has two ways. The first one is the way of successive signatures, by which the bill is separately signed by each of the responsible ministers and by the Prime Minister, then being sent to be promulgated by the President. The second is the collective approval of the bill by the Council of Ministers
Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...
, it then being sent to be promulgated. The President can also veto the Government bills, in which case the Government has the options of either archiving them, changing them or sending them to the Assembly of the Republic as a proposal of law. After being promulgated, the decree-laws also enter in force after being published in the ''Diário da República''.
Effectiveness of the laws
In Portugal, the mandatory of a law appears with its publication in the ''Diário da República'', but its effectiveness does not start in the day of the publication. The time interval between the date of publication and the date of effectiveness is the ''vacatio legis
''Vacatio legis'' (Latin for "absence of law") is a technical term in law which designates the period between the announcement of a legislation and its Coming into force, entering into force.
This concept also exists in the canon law (Catholic Ch ...
''. This interval can be defined by the legislator as being from one day to one year. If the date of effectiveness is not expressly defined in the law, a ''vacatio legis'' of five days is assumed by default.
Portuguese laws can lose their effectiveness either by expiry or by revocation. The expiry can result from a clause in the own law (saying that the law is only effective during a given time or while a given situation occurs) or can result from the disappearance of the cause that originated the creation of the law. Regarding revocation, this results from the demonstration of a new will from the legislator against the previous will. The revocation can be partial (with only some dispositions of the old law being revoked by the new one) or total (with the revocation of the whole old law). The revocation can also be classified either as express (when a new law expressly declares the revocation of an old one) or as tacit (when it results from the incompatibility of the dispositions of a new law with the dispositions of an old one).
Hierarchy of the laws
The several types of laws, acts and statutes of Portugal constitute a hierarchic legislative system, with several ranks. The laws of the lower ranks have to comply with the laws of higher ranks. The hierarchy has the Portuguese Constitution
The present Constitution of Portugal - officially the Constitution of the Portuguese Republic - was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (followin ...
in its top and is the following:
1st rank - Constitutional laws, namely:
* Constitution (''Constituição'');
* Loose constitutional laws (''leis constitucionais avulsas'');
* Constitutional revision laws (''leis de revisão constitutional'').
2nd rank - International laws, namely:
* Rules and principles of the general or common international law;
* Norms of international conventions duly ratified or approved;
* Decisions adopted by the competent bodies of international organizations of which Portugal is a part;
* Provisions of the treaties governing the European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
and the decisions adopted by its institutions in the exercise of their respective powers.
3rd rank - Ordinary laws, namely:
* Laws (''leis'');
* Decree-law
A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislative laws, or customary l ...
s (''decretos-lei'');
* Regional legislative decrees (''decretos legislativos regionais'').
4th rank - Acts with the force equivalent to that of laws, including:
* Adoption of conventions, treaties or international agreements;
* Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
decisions of unconstitutionality or illegality with general binding;
* Collective labor agreements and other instruments of collective regulation of labor;
* Case law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
s (''assentos'') of the Supreme Court of Justice and of the Court of Auditors
The European Court of Auditors (ECA; French: ''Cour des comptes européenne'') is the supreme audit institution of the European Union (EU). It was established in 1975 in Luxembourg and is one of the seven EU institutions. The Court comprises on ...
.
5th rank - Regulatory acts, including:
* Regulatory decrees (''decretos regulamentares'');
* Regulations (''regulamentos'');
* Decree
A decree is a law, legal proclamation, usually issued by a head of state, judge, monarch, royal figure, or other relevant Authority, authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislativ ...
s (''decretos'');
* Regional regulatory decrees (''decretos regulamentares regionais'');
* Resolutions (''resoluções'') of the Assembly of the Republic, of the Permanent Commission of the Assembly of the Republic, of the Council of State
A council of state is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
, of the Council of Ministers and of the regional legislative assemblies;
* Regiments (''regimentos'') of the Assembly of the Republic, of the Council of State and of the regional legislative assemblies;
* Ordinances (''portarias'');
* Normative orders (''despachos normativos'');
* Police regulations of the civil governors (''regulamentos policiais dos governadores civis'');
* Municipal by-law
A by-law (bye-law, by(e)law, by(e) law), is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some othe ...
s (''posturas'');
* Municipal regulations (''regulamentos autárquicos'').
Specific legislation
Main laws of Portugal
From the countless loose legislation, stands out a number of legal codes
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the co ...
that constitute the framework of the various branches of the Law of Portugal.
The principal law of Portugal is the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
(1976), which also constitutes the framework of the branch of constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
.
Regarding the other major branches of the law, they are mainly covered by the following codes:
* Criminal
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
and criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
- the Penal Code
A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that ...
(1982), the Penal Procedure Code (1987), the Military Justice Code (2003) and the Sentence and Custodial Measures Execution Code (2009);
* Civil
Civil may refer to:
*Civility, orderly behavior and politeness
*Civic virtue, the cultivation of habits important for the success of a society
*Civil (journalism)
''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
and civil procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
- the Civil Code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...
(1966), the Civil Procedure Code (2004) and the Civil Register Code (1995);
* Labour law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
- the Labour Code (2003) and the Labour Procedure Code (1999);
* Administrative law
Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
- the Administrative Procedure Code (1991), the Public Contracts Code (2008), the Administrative Courts Procedure Code (2002) and the Administrative Code (1945, still partially effective but now largely obsolete);
* Commercial law
Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
- the Commercial Register Code (1986) and the Commercial Code (1888, still partially effective but now largely obsolete);
* Corporate law
Corporate law (also known as company law or enterprise law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corpora ...
- the Commercial Societies Code (1986);
* Tax law
Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a ...
- the Tax over Added Value Code (1984), the Tax over Single Persons Income Code (1988), the Tax over Collective Persons Income Code (1988) and the Tax Courts Procedure Code (1999);
* Entertainment law
Entertainment law, also known as media law, encompasses legal services provided to the entertainment industry. These services often overlap with intellectual property law, which includes key components such as trademarks, copyright, and the right ...
- the Advertisement Code (1990);
* Transport law
Transport law (or transportation law) is the area of law dealing with transport. The laws can apply very broadly at a transport system level or more narrowly to transport things or activities within that system such as vehicles, things and behavi ...
- the Road Code (2005);
* Intellectual property law
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
- the Industrial Property Code (1995) and the Copyright and Related Rights Code (1985).
Capital punishment
In the world, Portugal was a pioneer in the process of abolishment of the capital punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
.["The end of capital punishment in Europe"](_blank)
Capital Punishment UK It was abolished in stages - for political crimes in 1852, for all crimes except the military in 1867, and for all crimes in 1911. In 1916 Portugal entered in World War I
World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
and the capital punishment was reestablished only for military crimes in war time with a foreign country and only in the theater of war
In warfare, a theater or theatre is an area in which important military events occur or are in progress. A theater can include the entirety of the airspace, land, and sea area that is—or that may potentially become—involved in war operation ...
. With the new Constitution in 1976, it was again abolished for all crimes.["Document - Death Penalty Statistics 2006"](_blank)
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
The last execution in Portugal took place in Lagos
Lagos ( ; ), or Lagos City, is a large metropolitan city in southwestern Nigeria. With an upper population estimated above 21 million dwellers, it is the largest city in Nigeria, the most populous urban area on the African continent, and on ...
in 1846. A possible execution of a soldier of the Portuguese Expeditionary Corps
The Portuguese Expeditionary Corps (CEP, Portuguese language, Portuguese: ''Corpo Expedicionário Português'') was the main expeditionary force from Portugal that fought in the Western Front (World War I), Western Front, during World War I. Port ...
carried out in France during World War One remains poorly documented.
Life imprisonment
In 1884, Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
became the first country in the world to abolish the life imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
. Presently, no person can be in prison for more than 25 years.
Besides having abolished the life imprisonment, Portugal is the only country in the world that considers that this type of punishment—both for minors and majors, with or without the possibility of parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
- is a violation of the human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
.
LGBT legislation
In the 2000s
File:2000s decade montage3.png, From top left, clockwise: The Twin Towers of the original World Trade Center (1973–2001), World Trade Center on fire and the Statue of Liberty on the left during the September 11 attacks, terrorist attacks on Sep ...
, Portugal increasingly became one of the most LGBT-friendly
Gay-friendly or LGBTQ-friendly places, policies, people, or institutions are those that are open and welcoming to gay or LGBTQ people. They typically aim to create an environment that is supportive, respectful, and non-judgmental towards the LGB ...
countries in the world, with many pro-LGBT legislation and bans on LGBT discrimination, including one of the few Constitutions in the world that protects on grounds of sexual orientation. As examples, LGBT are allowed to serve openly in the Portuguese Military and are also legally allowed to donate blood. On 31 May 2010, Portugal became the sixth country in Europe and the eighth country in the world to legally recognize same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
on the national level. The law came into force on 5 June 2010.
A new Law of Gender Identity come into effect in 2011. Being considered the most liberal of its kind in the world, it allows for transsexual people to change their name and sex in legal documentation.
In 2015, the full equality in parenting for LGBT couples was authorized by law. The LGBT-parenting single adoption was already previously allowed, joint adoption by the couple is legal since 2016.
Drugs legislation
Portugal was a pioneer in the approach to the drug abuse as a health issue, instead of the traditional criminal approach, implementing a new drug legislation in July 2001 that largely decriminalized drug use. In the world, the Portuguese drug policy and legislation is being used as a case study for other countries that desire to reform their policies and laws on this matter.
The new legislation maintained the status of illegality for using or possessing any drug for personal use without authorization. However, the offense was changed from a criminal one, with prison as a possible punishment, to an administrative one if the amount possessed was no more than ten days' supply of that substance. Marijuana
Cannabis (), commonly known as marijuana (), weed, pot, and ganja, List of slang names for cannabis, among other names, is a non-chemically uniform psychoactive drug from the ''Cannabis'' plant. Native to Central or South Asia, cannabis has ...
possession for personal use is no longer a criminal offence.
Influence in other countries
The Portuguese variant of the civil law is used or is the basis of the law of various other countries and territories around the world, mostly former territories of the Portuguese Empire
The Portuguese Empire was a colonial empire that existed between 1415 and 1999. In conjunction with the Spanish Empire, it ushered in the European Age of Discovery. It achieved a global scale, controlling vast portions of the Americas, Africa ...
.
Angola
The Law of Portugal was applied in Angola
Angola, officially the Republic of Angola, is a country on the west-Central Africa, central coast of Southern Africa. It is the second-largest Portuguese-speaking world, Portuguese-speaking (Lusophone) country in both total area and List of c ...
until its independence in 1975. Many Portuguese laws effective before 1975 are still in force, namely the Portuguese Civil Code of 1966 with changes made in some matters. The new commercial law created after the reestablishment of the market economy in Angola is also still very influenced by the Portuguese one, with the Angolan Code of Commercial Societies of 2004 being based in the Portuguese similar Code of 1986.
Brazil
The Law of Portugal was applied in Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
until its independence in 1822. After the independence, the Portuguese laws continued in force, gradually being supplemented or amended by the laws of the Empire of Brazil and latter by the Brazilian republican laws. Although already separate, having an independent development and receiving other influences, the Law of Brazil continued to be very influenced by the Law of Portugal, given the cultural affinities between the two countries, the high number of Portuguese residents in Brazil and also the fact that many Brazilian jurists received their training in law in the University of Coimbra. The Portuguese Ordinances of 1606 continued to be the frame of the civil law of Brazil until 1916, when the first Brazilian Civil Code entered in force. This Code was based in the German Civil Code (''Bürgerliches Gesetzbuch
The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbr ...
'' or BGB), what coincided with a trend that was also being followed in Portugal of an approach to the Germanistic system of law. The present Brazilian Civil Code is that of 2002, being also inspired in the BGB, but also with a marked influence from the Portuguese Civil Code of 1966.
The constitutional law of Portugal also has a marked influence in Brazil, with the Portuguese Constitution of 1976
The present Constitution of Portugal - officially the Constitution of the Portuguese Republic - was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (followin ...
and the works on constitutional law developed by the Portuguese legal theorist José Gomes Canotilho being the main inspirations of the present Constitution of Brazil
The Constitution of the Federative Republic of Brazil () is the Constitution, supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It replaced the ...
.
Cape Verde
In Cape Verde
Cape Verde or Cabo Verde, officially the Republic of Cabo Verde, is an island country and archipelagic state of West Africa in the central Atlantic Ocean, consisting of ten volcanic islands with a combined land area of about . These islands ...
, many of the Portuguese laws effective before its independence in 1975 are still in force. Namely, with some alterations, are still in force the Portuguese Civil Code of 1966 and the Commercial Code of 1888. New Cape Verde laws continue to be very influenced by the Portuguese law.
Guinea-Bissau
Many of the Portuguese laws effective before the independence of Guinea-Bissau
Guinea-Bissau, officially the Republic of Guinea-Bissau, is a country in West Africa that covers with an estimated population of 2,026,778. It borders Senegal to Guinea-Bissau–Senegal border, its north and Guinea to Guinea–Guinea-Bissau b ...
in 1974 are still in force. The Portuguese Civil Code of 1966 is still in force with some alterations. In the matter of commercial law however, the Law of Guinea-Bissau is becoming increasingly influenced by the law resulting from the Treaty of Harmonization of the Commercial Law in Africa of 1993, which follows French law.
India
Historically, the former Portuguese India
The State of India, also known as the Portuguese State of India or Portuguese India, was a state of the Portuguese Empire founded seven years after the discovery of the sea route to the Indian subcontinent by Vasco da Gama, a subject of the ...
contributed to Portuguese legal science with a number of important jurists and legislators, including the goan
Goans ( Romi Konkani: , ) is the demonym used to describe the people native to Goa, India, formerly part of Portuguese India (''Estado Português da Índia''). They form an ethno-linguistic group resulting from the assimilation of Indo-Aryan, ...
Luiz da Cunha Gonçalves.
The Portuguese civil law system still prevails in the last territories of the former Portuguese India (corresponding to the present State of Goa and Union Territory of Dadra and Nagar Haveli and Daman and Diu). At the time of the Indian occupation of those territories ( 1954 for Dadra and Nagar Haveli and 1961 for Goa, Daman and Diu) the Portuguese laws were effective there, namely the Civil Code of 1868, although with local adaptations mainly related with their application to the Hindu community. The Portuguese Code of 1966 was never applied in those territories, as it became effective only after the Indian occupation.
The Portuguese legal system was maintained after the occupation, although rapidly becoming altered by the influence of the English common law applied in the rest of India. This process was accelerated by the forced cut of relations with Portugal and the restrictions to the use of the Portuguese language, which reduced the number of jurists and other persons able to read and understand the Portuguese laws. However, the Portuguese Civil Code of 1868 is still in force, being known in India as the " Goa civil code" or the "Goa Family Law". This code has been suggested to serve as the basis for a future uniform civil code of India, intended to replace the personal law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marria ...
s based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
Macau
Macau
Macau or Macao is a special administrative regions of China, special administrative region of the People's Republic of China (PRC). With a population of about people and a land area of , it is the most List of countries and dependencies by p ...
was under Portuguese administration until 1999, with the general Portuguese laws being applied to that territory. The agreements between Portugal and China regarding the handover of the administration of Macau state that the Portuguese legal system would continue in force in the territory for 50 years. In the last years before the handover, the Portuguese Administration initiated a process of improving the Law of Macau, creating specific laws for the territory, although still very influenced by the Portuguese Law. One of the most important of these is the Macau Civil Code—an improvement of the Portuguese Civil Code of 1966, including a Chinese official version—that became in force in the last year of the Portuguese Administration.
Mozambique
The Portuguese Civil Code of 1966 and other Portuguese laws effective before the independence of Mozambique
Mozambique, officially the Republic of Mozambique, is a country located in Southeast Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west, and Eswatini and South Afr ...
in 1975 are still in force, but with modifications. A new Commercial Code was adopted in 2005, replacing the Portuguese Code of 1888. A revised Penal Code came into force in 2015, replacing the Penal Code of 1886.
São Tomé and Príncipe
The Portuguese Civil Code of 1966 and other Portuguese laws effective before the independence of São Tomé and Príncipe
São Tomé and Príncipe, officially the Democratic Republic of São Tomé and Príncipe, is an island country in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of two archipelagos around the two main isla ...
in 1975 are still in force, but with modifications.
Timor-Leste
The Portuguese Law was in force in Timor-Leste
Timor-Leste, also known as East Timor, officially the Democratic Republic of Timor-Leste, is a country in Southeast Asia. It comprises the eastern half of the island of Timor, the coastal exclave of Oecusse in the island's northwest, and ...
until its invasion by Indonesia in 1975. After the invasion and occupation, the Indonesian law replaced '' de facto'' the Portuguese one (although not ''de jure
In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...
'', as the occupation was never recognized by the international community). This implied the application of the Indonesian Civil Code, which is based on the Dutch Civil Code of 1838 (''Burgerlijk Wetboek
The ''Burgerlijk Wetboek'' (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1) ...
''). As a provisional measure, the Indonesian law was kept in force after the independence of Timor-Leste in 2002, this being gradually replaced by Timorese own laws. The new Timorese law about the commercial societies of 2004 is very influenced by the Portuguese Code of Commercial Societies of 1986. In 2011, the Indonesian Civil Code was replaced by the new Civil Code of Timor-Leste, which is based in the Portuguese Civil Code of 1966.
Education, training and research in law
Portugal has a number of both public and private schools of Law. The oldest is the Faculty of Law of the University of Coimbra
The University of Coimbra (UC; , ) is a Public university, public research university in Coimbra, Portugal. First established in Lisbon in 1290, it went through a number of relocations until moving permanently to Coimbra in 1537. The university ...
, which dates back to the 13th century.
Both the faculties of Law of the University of Lisbon
The University of Lisbon (ULisboa; ) is a public university, public research university in Lisbon, and Portugal's largest university. It was founded in 1911, but the university's present structure dates to the 2013 merger of the former Universit ...
and of the University of Coimbra are nowadays the most reputed, thanks to the number of highly distinguished alumni and professors linked to them. Lisbon's faculty is linked to personalities such as Marcelo Caetano
Marcello José das Neves Alves Caetano (17 August 1906 – 26 October 1980) was a Portuguese politician and scholar. He was the second and last leader of the Estado Novo after succeeding António de Oliveira Salazar. He served as prime mini ...
, Marcelo Rebelo de Sousa
Marcelo Nuno Duarte Rebelo de Sousa (; born 12 December 1948) is a Portuguese politician and academic who is the president of Portugal since 2016. He is a member of the Social Democratic Party, though he suspended his party membership for the ...
, António de Menezes Cordeiro
Antonio is a masculine given name of Etruscan origin deriving from the root name Antonius. It is a common name among Romance language–speaking populations as well as the Balkans and Lusophone Africa. It has been among the top 400 most popular m ...
, Jorge Miranda, António Vitorino, José Manuel Barroso
José Manuel Durão Barroso (; born 23 March 1956) is a Portuguese politician and law professor. He previously served from 2002 to 2004 as the List of Prime Ministers of Portugal, 114th prime minister of Portugal and from 2004–2014 as the 11 ...
, Adriano Moreira
Adriano José Alves Moreira, ComC GCC GOIH GCSE (6 September 1922 – 23 October 2022) was a Portuguese lawyer, professor and a leading political figure in Portugal throughout the second half of the 20th century.
Education
Adriano Moreira ...
and Mário Soares
Mário Alberto Nobre Lopes Soares (; 7 December 1924 – 7 January 2017) was a Portugal, Portuguese politician, who served as prime minister of Portugal from 1976 to 1978 and from 1983 to 1985, and subsequently as the List of Presidents of P ...
. Coimbra's faculty is linked to personalities like António de Oliveira Salazar
António de Oliveira Salazar (28 April 1889 – 27 July 1970) was a Portuguese statesman, academic, and economist who served as Portugal's President of the Council of Ministers of Portugal, President of the Council of Ministers from 1932 to 1 ...
, Laura Rio and Almeida Santos Almeida may refer to:
People
* Almeida (surname)
* Almeida Garrett (1799–1854), Portuguese poet, playwright, novelist and politician
Places
* Almeida, Boyacá, a town and municipality in Colombia
* Almeida Municipality, Portugal
** Almeida, Por ...
.
The School of Law of the Portuguese Catholic University
The Catholic University of Portugal ( Portuguese: ''Universidade Católica Portuguesa'', pronounced nivɨɾsiˈðad(ɨ) kɐˈtɔlikɐ puɾtuˈɣezɐ, also referred to as Católica or UCP for short, is a concordat university (non-state-run unive ...
is also highly reputed, achieving notability by its academic publications, the curriculum of its teaching staff and the number of well-connected alumni it harbors. Both the Faculty of Law the Nova University and the School of Law of the Minho University
The University of Minho (''Universidade do Minho'') is a public university in Minho Province, Portugal. It is divided into the following campuses:
* Largo do Paço (rectorate), in Braga
* Campus of Gualtar, in Braga
* Convento dos Congregados, i ...
are considered modern law schools with an increasingly higher reputation.
In the 1990s, the offer of law degrees in Portugal became widespread across the entire country through both public and private university institutions. By 2010, lower selectiveness and academic integrity levels, including in law schools previously known for its reputation and prestige, debased the average teaching of law in Portugal according to the head of the Ordem dos Advogados Marinho Pinto.
See also
* Crime in Portugal
*Drug policy of Portugal
The drug policy of Portugal, informally called the "drug strategy", was put in place in 2000, and came into effect in July 2001. Created by the Decree-Law n. 130 -A/2001 and under the jurisdiction of the Commissions for the Dissuasion of Drug Ad ...
*Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
References
External links
Portuguese legislation in English
{{DEFAULTSORT:Portuguese Legal System
Law of Portugal