The legal system of Portugal
A civil-law system founded on the 1976 Constitution and a comprehensive Civil Code, with a Constitutional Court exercising both abstract and concrete review. An EU and eurozone member with a semi-presidential form of government.
Legal tradition
Portugal belongs to the civil law tradition. A civil-law system founded on the 1976 Constitution and a comprehensive Civil Code, with a Constitutional Court exercising both abstract and concrete review. An EU and eurozone member with a semi-presidential form of government.
How power is divided
A semi-presidential republic in which a directly elected President, a Government answerable to parliament and an independent judiciary share power, with a Constitutional Court guarding the constitution.
Where law comes from
- Constitution
- The 1976 constitution.
- EU law
- Directly applicable and, in its field, paramount.
- Laws of the Assembly
- Statutes and authorised government decree-laws.
- Codes
- The Civil Code, Commercial law, Penal Code and procedural codes.
The legal profession
Advogados belong to the Ordem dos Advogados; solicitadores and notaries handle registration and authentication of deeds and companies.
Law by topic in Portugal
- Human RightsAn extensive rights catalogue, the Ombudsman and direct constitutional protectionThe Constitution contains one of Europe's longest catalogues of rights, including social and economic guarantees. Rights are enforced through the ordinary courts with appeal to the Constitutional Court, and the Provedor de Justiça supervises the administration.
- Immigration & NationalityEU free movement plus residence permits and a well-known investment routeEU, EEA and Swiss nationals move freely. Others rely on the Foreigners Act, which offers work, study, family and entrepreneurial residence permits, together with a residence-by-investment scheme now refocused away from real estate.
- Property & LandLand registration, notarial or lawyer-certified deeds and controlled urban leasesOwnership and charges are recorded in the Land Registry, and transfers are made by public deed or by a lawyer- or solicitor-certified private document. Urban tenancies are governed by the Urban Lease Act as amended by successive housing reforms.
- Tax LawProgressive IRS, corporate IRC and reduced rates in the autonomous regionsResidents pay progressive personal income tax (IRS) on worldwide income, while companies pay IRC with municipal and state surcharges. Madeira and the Azores apply reduced rates, and the former non-habitual resident regime has been replaced by a narrower incentive.
- Criminal LawThe Penal Code, prosecutor-led investigation and decriminalised drug useThe Penal Code and Code of Criminal Procedure govern offences and process, with the Public Prosecution Service directing the inquiry and an investigating judge safeguarding rights. Portugal is internationally known for treating personal drug use as an administrative matter.
- Family LawAdministrative divorce by mutual consent and family and minors courtsFamily law sits in the Civil Code. Divorce by mutual consent can be completed administratively at the civil registry, while contested divorce and disputes about children go to the family and minors courts.
- Employment & LabourThe Labour Code, just-cause dismissal and extended collective agreementsThe Labour Code consolidates individual and collective employment law. Dismissal requires a statutory ground and a formal procedure, and collective agreements can be extended by ministerial order to a whole sector.
- Business & CorporateThe Commercial Companies Code with same-day company formationCompanies are governed by the Commercial Companies Code, with the quota company (Lda) and the public company (SA) predominating. Portugal is known for fast incorporation, including on-the-spot and online formation through the commercial registry.
- Constitutional LawThe 1976 Constitution, a semi-presidential republic and strong abstract reviewPortugal is a semi-presidential republic under the 1976 Constitution, which pairs a directly elected President with a Government answerable to the Assembly of the Republic. The Constitutional Court reviews laws both before promulgation and after they take effect.
- Civil ProcedureThe 2013 Code of Civil Procedure with an injunction route for debtsThe 2013 Code of Civil Procedure streamlined litigation around case management and a single final hearing. An electronic injunction procedure provides a fast enforceable title for unpaid invoices.
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