ABSTRACT
The Portuguese legal system is grounded in several fundamental legal instruments, including the Constitution (Constituição da República Portuguesa) (Portugal, 1976, 2022), the Civil Code (Código Civil) (Portugal, 1966), and the Penal Code (Código Penal) (Portugal, 1982, 1995). The principles on which the judicial organisation in Portugal is based and the efficient functioning of all courts are enshrined in the Constitution, ensuring a clear separation between civil and administrative jurisdictions (Portugal, 1976, Articles 205–214). Regarding civil jurisdiction, judicial courts handle both civil and criminal matters. They are divided into three instances, each having a distinct jurisdiction. From the highest level of hierarchy to the lowest, the judicial system includes the Supreme Court of Justice (Supremo Tribunal de Justiça), which has national jurisdiction; the Courts of Appeal (Tribunais da Relação), operating within judicial districts; and the Courts of First Instance (Tribunais de Primeira Instância), typically district courts (Coelho, 2024). The Supreme Court holds the highest position in the hierarchy of judicial courts, with the Constitutional Court having jurisdiction over certain civil, criminal, and social matters, as well as a section dedicated to hearing appeals related to the decisions of the Superior Council of Magistracy (Conselho Superior da Magistratura) (Cura, 2018). The Courts of Appeal are Courts of Second Instance, meaning they handle cases that are appealed from the lower courts or the Courts of First Instance, where civil and criminal cases are first heard. The Courts of Appeal handle both civil and criminal appeals from the lower courts. In Portugal, the Supreme Court is considered the final court of appeal in both civil and criminal matters.
