Portuguese Legal System
Portugal uses a civil law system based on written codes rather than case law precedent (unlike the US common law system).
Key Characteristics
- Written codes: Laws are codified (Civil Code, Penal Code, etc.)
- Inquisitorial system: Judges actively investigate cases
- EU law: EU regulations and directives apply directly
- Constitutional Court: Reviews laws for constitutionality
Court System
- Tribunais de primeira instância: Courts of first instance
- Tribunais da Relação: Courts of Appeal (5 districts)
- Supremo Tribunal de Justiça: Supreme Court of Justice
- Administrative courts: Separate system for government disputes
Immigration Enforcement
Immigration matters are handled by AIMA (Agência para a Integração, Migrações e Asilo), which replaced SEF in 2023.
Common Immigration Issues
Visa Overstays
- Overstaying Schengen 90-day limit is an administrative offense
- Fines typically €100-500 depending on duration
- May result in entry ban for future visits
- Detected at airport on departure
Overstays are recorded in the Schengen Information System (SIS). This can affect entry to any Schengen country, not just Portugal.
Working Without Authorization
- Working on tourist status is prohibited
- Can result in deportation
- Entry ban possible
- Employer also faces penalties
Residence Permit Lapses
- Renew before expiration (30-60 days ahead recommended)
- Keep renewal receipt as proof of legal status
- AIMA backlogs mean delays are common—document everything
Laws That Catch Expats Off Guard
Fiscal Residency Triggers
Becoming a tax resident (183 days or maintaining habitual abode) triggers worldwide income reporting obligations. Many expats don't realize they've become tax residents until it's too late.
Rental Registration Requirements
- Landlords must register rental contracts with Finanças
- Tenants may need proof of registered lease for some services
- Unregistered rentals can create problems for both parties
Vehicle Registration
- Foreign-plated vehicles have time limits for use in Portugal
- Residents should register vehicles in Portugal within timeframes
- Import taxes can be significant
AL License for Rentals
- Renting property short-term (Airbnb) requires AL license
- Fines for unlicensed AL activity
- Many areas now restrict new licenses
Drug Policy
Portugal is known for its progressive drug policy since 2001:
Decriminalization
- Personal use amounts are decriminalized, not legalized
- Possession of small amounts (10-day supply) is administrative, not criminal
- Referred to "Dissuasion Commission" rather than criminal court
- Possible outcomes: warning, fine, treatment referral
Decriminalization ≠ legalization. Drugs are still illegal. Sale, trafficking, and larger quantities remain criminal offenses with prison sentences.
Cannabis
- Medical cannabis legal since 2018
- Recreational use still decriminalized, not legal
- CBD products widely available
If You're Arrested
Your Rights
- Right to attorney: You can request a lawyer before questioning
- Right to interpreter: If you don't speak Portuguese
- Right to remain silent: You can decline to answer questions
- Consular notification: Right to have your embassy informed
Immediate Steps
- Stay calm and polite
- Ask to contact the US Embassy
- Request an interpreter if needed
- Do not sign documents you don't understand
- Request a lawyer before answering questions
The US Embassy cannot get you out of jail, pay legal fees, or override Portuguese law. They CAN provide a list of attorneys, notify family, and visit you in detention.
US Embassy Assistance
- Emergency line: +351 21 727 3300
- Provide list of English-speaking lawyers
- Ensure fair treatment under Portuguese law
- Contact family on your behalf
- Visit you if detained
Finding a Lawyer
Types of Lawyers
- Advogado: Full attorney, can represent in court
- Solicitador: Legal agent for certain matters (property, documents)
Finding English-Speaking Lawyers
- US Embassy lawyer list
- British Embassy lawyer list
- International Bar Association
- Ordem dos Advogados (Portuguese Bar Association)
- Expat community recommendations
Typical Costs
- Consultation: €50-150
- Immigration matters: €500-2,000+
- Property transactions: €1,500-3,000+
- Criminal defense: Varies widely
💡 Legal Aid: Portugal has legal aid (apoio judiciário) for those who qualify financially. Available to residents regardless of nationality.
Common Civil Matters
Landlord-Tenant Disputes
- Portuguese law is tenant-protective
- Eviction process can be lengthy
- Rent increases are regulated
- Disputes often go through rent arbitration
Consumer Protection
- Strong EU consumer protection applies
- Right to return purchases within 14 days (online)
- Product warranties mandatory
- Consumer arbitration available
Traffic Violations
- Fines for speeding, parking violations, etc.
- Points system on license
- Serious violations (DUI) are criminal
- Foreign license holders may need to pay fines promptly
Important Contacts
Emergency
112 - All emergencies (police, fire, medical)
US Embassy Lisbon
- Address: Avenida das Forças Armadas, 1600-081 Lisboa
- Phone: +351 21 727 3300
- Website: pt.usembassy.gov
AIMA (Immigration)
- Website: aima.gov.pt
- Appointments through SAPA portal
Ordem dos Advogados (Bar Association)
- Lawyer directory: portal.oa.pt