Member Article

The international public health emergency due to the new Coronavirus (COVID-19) pandemic has led to the urgent and succession introduction of a range of legislative measures. These measures are an exceptional and temporary response to the pandemic in Portugal and they include the declaration of a state of emergency across the whole country that has already been extended twice.

The urgency in approving various legislative packages and the reaction by different sectors has understandably led to the legislation issued by the Government or by the Assembly of the Republic being reviewed and, where advisable, amended or clarified.

In the justice sector and, in particular, with an impact on civil proceedings, some of the exceptional and temporary measures implemented by Decree-Law 10-A/2020 of 13 March and by Law 1-A/2020 of 19 March gave rise to questions of interpretation or required an enhanced solution. Law 4-A/2020 of 6 April, which came into force on 7 April, sought to clarify and refine some of these measures by amending the legislation in question.

What are the solutions now planned for the time periods and steps in civil court proceedings?

In non-urgent cases:

• Procedural deadlines are suspended – now expressly and no longer by application of the rules on court holidays – and, as a rule, no procedural acts will be done, except for procedural acts that are done automatically (for example, the distribution of cases to the appropriate courts), and summonses and notifications.

• However, when all parties believe they are in a position to take steps online using the official platform of the courts (Citius) or by means of distance communication resources, including teleconferencing, video calls, or similar (such as Webex or Skype), cases can continue and in-person acts such as a preliminary hearings or trials can be held, as can acts that are not urgent and do not need to be done in person.

In steps that have to be recorded (such as preliminary or trial hearings), it is necessary to use either (i) the videoconferencing systems that exist in the courts, or (ii) Webex (virtual rooms), licensed by the Institute of Financial Management and Justice Equipment (IGFEJ). These allow the parties and others involved in the case to take part using videoconferencing.

In the meantime, the Superior Council of the Judiciary has announced that 157 virtual rooms will come into operation in the courts of first instance, the appeal courts, and the Supreme Court of Justice. This means that even some trials and other steps usually carried out in person can take place.

• A final decision (sentence or judgment) can be given in cases in which the court considers it is not necessary to take any further steps. This could happen, for example, in cases where there is no witness evidence to be given, or where it has already been given, or even in cases where the parties waive their right to produce evidence that could have been given. Although it only refers to a “final decision”, there appears to be no obstacle to the judge issuing interlocutory decisions, provided they respect the other measures in force for non-urgent cases.

• All steps in enforcement actions a re suspended including sa les, collective insolvency proceedings, transfers of real proper t y, a nd attachments a nd their preparatory acts. The only exception is for acts which if not done, could cause serious harm to the livelihood of the creditor, or would cause irreparable harm. The decision on the harm and the consequent conclusion of the act depends on a prior judicial decision.

Non-urgent cases include, in general, declarative actions, except for interim injunctions, and enforcement actions.

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