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In Lisbon, Portugal, appeal law is a part of the legal system that grants a party involved in a court case, the right to appeal or challenge a court's decision. This is often carried out in higher courts such as the Appeal Courts or the Supreme Court. The appeal process is fundamentally focused on ensuring a fair hearing and checks that the court followed all due processes and laws accurately.
If you are unsatisfied with a court's verdict where you are a party, you might explore the option of an appeal. In these situations, you may need an experienced appeal lawyer, as making and winning an appeal requires deep understanding of the law and procedural guidelines, as well as a robust body of evidence. In complex cases such an administrative, criminal or civil appeal cases, a lawyer's guidance is invaluable, as appeals can be based on factual, legal, or a mixture of both grounds.
The Constitution of Portugal and the Portuguese Civil Procedure Code govern the rules and procedures involved in the appeal process. These laws state that the ability to appeal is a fundamental right, as long as there are legitimate grounds for doing so. The appeal must be made within the deadlines defined by law, usually 30 days for an ordinary appeal and 10 days for an appeal on an interim order. There are certain specific situations wherein there might be exceptions or changes to these formalities. It's crucial to understand all these guidelines before proceeding, therefore seeking legal help is advised.
Not all court decisions can be appealed. Whether a ruling is appealable largely depends on the type of decision and the court where the initial hearing was held.
The duration of the appeal process can vary and depends largely on the complexity of the case and court schedule. Some appeals take several months, while others may extend to years.
In addition to lawyer's fees, there are also court costs which may vary depending on the nature of the case. In civil cases, for example, court fees are usually between 25% and 100% higher in the appeal stage compared to the first instance stage.
In Portugal, a losing party in an appeals court can file an appeal to the Supreme Court under specific conditions outlined in the laws.
If an appeal is successful, the appellate court may modify or reverse the decision of the lower court. In some cases, they might order a new trial in the lower court.
The Portuguese Bar Association's website is a valuable resource for legal information, including appeal law. Additionally, the Ministry of Justice manages the "Citizens Portal," a service offering access to free legal information and advice. Also, the official website of the Supreme Court of Justice provides useful resources on Portuguese legislation and case law.
If you need legal assistance in your appeal, it is recommended that you seek help from a lawyer experienced in Portuguese appeal law. Look for someone who understands not only the legal aspects, but also the procedural dynamics of appeal cases. Confirm that they are registered with the Portuguese Bar Association, which oversees the practice of law in Portugal.
