COVID-19: Termination of the general suspension of procedural periods and procedures in Portugal

The purpose is to ensure a gradual return to the normal operations of the courts and other public services, notwithstanding the precaution required regarding any acts to take place in person.

In this regard, on March 25, 2021, the Portuguese Parliament approved Law No. 13-B/2021, dated April 5, revoking the regime for the general suspension of procedural periods and procedures, reinforcing the exceptional transitional regime applicable to procedural acts and determining which periods, acts and procedures should continue to be suspended.

This Alert explains the most relevant points of this exceptional transitional regime that has been approved.

l. Scope of application 

Procedures to be carried out within the scope of legal actions and proceedings taking place before the courts of justice, administrative and tax courts, the Constitutional Court, Audit Court and other jurisdictional bodies, arbitral tribunals, Public Prosecutor’s Office, courts of justices of the peace, alternative dispute-resolution entities and tax collection bodies

II. How the procedures are to be carried out  

1. Trial hearings, as well as any other procedures involving the examination of witnesses, are to be carried out:

   1. In person, especially in the terms of article 82.2 of the Law on the Organization of the Judicial System, which establishes that court hearings and procedures, when in the interest of justice or when justified by other significant circumstances, may be carried out at a place different from the court, within the respective district or outside of it; or

   2. Notwithstanding the right of certain participants not to attend (see chapter III. below), through appropriate remote means of communication, in particular conference calls, videoconferencing or any other equivalent means, when they cannot be carried out in the terms of the previous paragraph, and their performance through these means does not call into question the legal observance and evaluation of the evidence to be produced in these procedures, except, in criminal proceedings, the giving of statements by the defendant (“arguido”), the plaintiff (“assistente”) and the civil parties, as well as the witness statements, which must be produced in court.

2. In any other procedures requiring the physical presence of the parties, their representatives or any other participants in the proceedings, the performance of any other procedural acts and procedures will be carried out:

   1. Preferably through appropriate remote means of communication, such as conference calls, videoconferencing or any other equivalent means; or

   2. When necessary, in person.

III. The right not to attend  

In any of the procedures referred to in paragraphs 1 and 2 of chapter II, the parties, their representatives or any other participants in the proceedings who have been proven to be over 70 years of age, immuno-compromised or suffering from a chronic illness and who, according to the health authority guidelines, should be considered to be at risk, are not obliged to attend court. Should they exercise their right not to attend, the respective examination or follow-up of the procedure must be carried out through appropriate remote means of communication, such as conference calls, videoconferencing or any other equivalent means, from their legal or professional domicile.

IV. Right of the defendant ("arguido") to attend  

Notwithstanding the foregoing, the defendant (“arguido”) is granted the right to attend the evidentiary debate (“debate instrutório”) and the trial whenever the defendant (“arguido”), the co-defendant (“coarguido”), or witnesses make statements.

V. Time limits, acts and proceedings that remain suspended

1. The time limit for a debtor requesting the declaration of its insolvency, which is 30 days following the date on which it becomes aware of its situation of insolvency [with a debtor being considered to be in a situation of insolvency when it is impossible for it to meet its outstanding obligations], or the date on which it should have been aware of it;

2. Acts to be carried out in enforcement or insolvency proceedings related to carrying out procedures involving the judicial surrender of family homes;

3. Acts involving the handover of premises, within the scope of eviction orders, special eviction procedures and procedures for the handover of leased property when the lessee, through a final judicial decision handed down, may be placed in a vulnerable position due to their lack of own housing or for any other imperative social reason;

4. The periods for any time limits and expiries relating to the proceedings and procedures identified in the previous paragraphs;

5. The periods for any time limits and expiries relating to proceedings the procedures of which cannot be performed in the terms described in II.1 and II.2 and VI.

6. The provisions of points d) and e) take priority over any other regimes establishing maximum mandatory time limits and expiry periods, with these being extended by the period corresponding to the length of the suspension.

7. Those time limits and expiry periods that are no longer suspended due to the changes introduced by this new Law are extended by the period corresponding to the length of the suspension.

VI. Cases of suspension at the request of the party subject to enforcement or insolvency

In those cases in which the acts to be performed in enforcement or insolvency proceedings referring to the sale and judicial surrender of properties are subject to endangering the livelihood of the party subject to enforcement or declared insolvent, such party may request their suspension, as long as this suspension does not cause serious damage to the to the livelihood of the enforcing party, or the creditors of the insolvent party, or irreparable damage, with the court having to decide on this within a period of 10 days, having heard the opposing party.​

VII. Safety, hygiene and healthcare rules

The courts and any other entities mentioned above in I. must be equipped with the means of protection and hygiene as established by the recommendations of the General Healthcare Directorate (Direção-Geral de Saúde - DGS).

The court is responsible for ensuring that any legal acts are carried out in observance of the maximum number of participants and any other safety, hygiene and healthcare rules as established by the DGS.

Prison establishment services, following the guidelines of the DGS and the General Directorate on Reinsertion and Prison Services in matters of safety, hygiene and healthcare, must ensure the necessary conditions so that defense lawyers can meet in person with those accused or convicted.

VIII. Entry into force

This exceptional transitional regime, as well as the termination of the general suspension of procedural periods and procedures, will enter into force on April 6, 2021.