Orders of courts Judiciary of Portugal

1 orders of courts

1.1 constitutional court
1.2 judicial courts
1.3 administrative , tax courts
1.4 auditors court
1.5 military courts

orders of courts

the portuguese judiciary system not unitary, instead divided in 4 independent categories or orders of courts: constitutional, judicial, administrative , auditors. each order contains own structure of courts. constitutional , auditors orders include single court each one, while other 2 orders include plurality of hierarchical organized courts. until 2003, fifth order of courts existed, being military jurisdiction.

an higher court of appeal exists appreciate , judge conflicts of jurisdiction between judicial , administrative orders of courts, being conflicts court (portuguese: tribunal de conflitos). conflicts court headed president of supreme administrative court, including other 3 judges of court , 3 judges of supreme court of justice.

constitutional court

the constitutional court (tribunal constitucional) sole court in constitutional jurisdiction. special court, tasked reviewing constitutionality of newly approved laws, has important powers related president of republic, political parties , referenda. judges of constitutional court independent other branches of government, such executive or legislature, , cannot impeached. court installed in ratton palace in lisbon.

judicial courts

the palace of justice of oporto, seat of relação , of court of justice of comarca of oporto.

the judicial order (ordem judicial) first category of common courts (excluding constitutional court), forming proper hierarchical structure has supreme court of justice (supremo tribunal de justiça) in lisbon superior body. order includes 5 intermediate level courts called relação (guimarães, oporto, coimbra, lisbon , Évora) , judicial courts of first instance. judicial courts of first instance can courts of generic competence or courts of specific competence.

for purpose of judicial order, until 2014, portugal divided in 231 uneven comarcas, constituting territorial areas of jurisdiction of courts of first instance. depending on size of population, each comarca have single court of general jurisdiction single judge complex structure of diverse courts of special jurisdiction (civil, criminal, criminal procedure, labour, family, etc.), each of which, itself, include several specialized sections , judgeships. comarcas grouped in 57 judicial circles (círculos judiciais) , these in 4 judicial districts (distritos judiciais).

following judiciary organization reform of 2014, country divided in 23 larger comarcas, of them having, each one, single judicial court of first instance, general jurisdiction. each judicial court divided in judgeships (juízos), following types existing: central civil, local civil, central criminal, local criminal, local minor crimes, criminal procedure, labor, family , juvenile, commercial, execution, general jurisdiction , proximity.

the comarca courts typically installed in monumental courthouses, called palácios da justiça (palaces of justice), many of them built between 1940s , 1960s. before reduction of number of comarcas due 2014 reform, each palace of justice seat of court, of them seats of judgeships of larger courts.

besides 23 generic competence judicial courts of each comarca, there subject-matter jurisdiction courts of first instance have territorial jurisdiction on several comarcas. these include penal supervisory courts of porto, coimbra, lisbon , Évora, maritime court @ lisbon, intellectual property court @ lisbon, concurrency, regulation , supervision court @ santarém , central criminal procedure court @ lisbon.

the judges of supreme court of justice have title of conselheiros (counselors), of relações have title of desembargadores , of courts of first instance have title of juízes de direito (judges of law).

as justice of first instance, there judges of peace , arbitral tribunals. judges of peace have competence appreciate , judge small actions regarding values not exceed ceiling below not possible appeal court of first instance.

administrative , tax courts

administrative , tax court of castelo branco.

the administrative , tax order includes courts deal administrative law , tax law. constitute hierarchical system has supreme administrative court (supremo tribunal administrativo) in lisbon superior body. order includes second instance central administrative courts of north @ oporto , of south @ lisbon, courts of first instance.

for purpose of administrative , tax jurisdiction, country territorially divided in 16 circles. each of circles correspond first instance administrative court of circle , tributary court, being both of may aggregated, in case being unitarily designated administrative , tax courts . @ present, lisbon circle has separate administrative , tributary court, rest of circles each having single administrative , tax court.

the judges of supreme administrative court have title of conselheiros, of central administrative courts have title of desembargadores , of first instance courts have title of juízes de direito.

auditors court

the auditors court (tribunal de contas) single court of order. has both pure court functions (namely supervision of legality of public expenses , judging of public accounting) , advising functions (namely give opinion state accounts, alloying parliament analyze them , decide).

the judges of auditors court chosen through civil service examination , have title of conselheiros (counselors).

military courts

until 2003, portugal had system of permanent military courts dealt military justice, constituted separate jurisdiction. superior body of order of courts supreme military court (supremo tribunal militar) in lisbon. lower instance courts of military justice, several territorial military courts , naval military court existed.

with approval of new portuguese code of military justice on 15th november 2003, permanent military courts disbanded, ceasing exist during time of peace. in time of peace, military crimes or crimes committed military personnel judged in criminal sections of common judicial courts. propose of military justice, there 4 military judges (one each branch of armed forces , other national republican guard) in each of following courts: supreme court of justice, relação of lisbon , relação of oporto.

however, in times of war, separate military courts can re-established. these can ordinary or extraordinary. ordinary courts supreme military court, military courts of 2nd instance , military courts of 1st instance. military ordinary courts composed of military judges serve in criminal sections of common judicial courts. extraordinary military courts non-permanent courts created, near military forces or installations outside national territory or national waters, judge specific processes, being dissolved these decided. each of these courts composed members of military higher rank defendants , person degree in law (preferable judge, if available).