Understanding the Portuguese Legal System – A Guide for Expats & Businesses

Introduction

If you’re living, working, or doing business in Portugal, understanding the Portuguese legal system is essential. Whether you need legal representation, are buying property, or dealing with contracts, knowing how the system works can help you navigate legal matters smoothly.

In this guide, we’ll cover how Portugal’s legal system works, the different types of lawyers, and what to expect when handling legal issues.

1. Overview of the Portuguese Legal System

Portugal operates under a civil law system, influenced by Roman and Napoleonic law. The country’s laws are codified, meaning legal decisions are based on written statutes rather than case law.

Key Features of the Legal System:

✔ Laws are codified – Legal rules are based on written legislation. ✔ Judicial courts handle civil and criminal cases – Courts rule based on statutes rather than judicial precedents.

✔ The Constitution is the highest legal authority – All laws must align with Portugal’s Constitution.

✔ EU Law applies – As an EU member, Portugal follows European Union regulations in many legal areas.

💡 Tip: Understanding Portugal’s court structure can help you determine where to file legal claims or seek justice in disputes.

2. Different Types of Lawyers in Portugal

Not all legal professionals have the same roles. Here’s a breakdown of common types of lawyers in Portugal:

📌 1. Advogado (Lawyer/Attorney)

✔ Licensed lawyers who provide legal representation and advice.✔ Must be registered with the Ordem dos Advogados (Portuguese Bar Association).✔ Can represent clients in court and offer legal services in all areas of law.

📌 2. Solicitador (Solicitor/Legal Agent)

✔ Handles administrative legal matters, such as contracts and paperwork.✔ Can assist with property transactions, tax declarations, and inheritance issues.✔ Does not represent clients in court but can provide legal guidance.

📌 3. Notário (Notary Public)

✔ A public official who certifies legal documents and transactions.✔ Commonly used in real estate transactions, wills, and business registrations.✔ Does not provide legal representation but ensures documents are legally valid.

📌 4. Public Prosecutor (Ministério Público)

✔ Represents the government in criminal cases.✔ Investigates crimes and enforces Portuguese law.✔ Works independently from political authorities.

💡 Tip: If you need court representation, hire an Advogado. If you need help with contracts or transactions, a Solicitador or Notário may be sufficient.

3. How to Handle Legal Matters in Portugal

Here’s what to expect if you need legal assistance in Portugal:

✅ Legal Contracts: Always have contracts reviewed by a lawyer before signing.

✅ Property Purchases: Work with a real estate lawyer to ensure legal compliance.

✅ Business Formation: A corporate lawyer can help with tax structuring and compliance.

✅ Dispute Resolution: Mediation is encouraged before court proceedings.

✅ Court System: If you go to court, expect a structured legal process with multiple stages.

💡 Tip: The Portuguese legal system can be slow, so having the right lawyer can help expedite legal processes.

4. How to Find a Lawyer in Portugal

If you need legal assistance, here are the best ways to find a lawyer in Portugal:

✔ Portuguese Bar Association (Ordem dos Advogados): Official registry of licensed lawyers.

✔ Legal Directories: Online directories list verified professionals with client reviews.

✔ Word of Mouth: Recommendations from expat groups or business networks.

✔ Our Directory: Find a Lawyer in Portugal Here

Final Thoughts – Navigating Portugal’s Legal System

Understanding Portugal’s legal system is crucial for handling contracts, business matters, property transactions, and disputes. Whether you need an Advogado for representation, a Solicitador for legal paperwork, or a Notário for official documents, knowing the differences will help you get the right legal assistance.

Looking for expert legal advice? Browse our directory of top-rated lawyers in Portugal: 👉 Find a Lawyer Now

📌 Disclaimer:

This blog is for informational purposes only and should not be considered legal advice. Laws in Portugal may change, and legal matters vary by case. Always consult a licensed lawyer in Portugal for professional guidance. We do not assume responsibility for decisions made based on this content.