Portugal

• Date: 01 March 2009
• DOI: 10.1177/0002716208328429
• Author: Henrique Sousa Antunes
• Published date: 01 March 2009
• Subject Matter: Articles

ANNALS, AAPSS, 622, March 2009 161

The science of Law cannot ignore the phenomenon of

the influence in Europe of the language, practice and

teaching of American law, within an Americanization of

Law which takes place alongside the Americanization of

European culture. With regard to representative group

litigation, Portuguese law has implemented a general

set of rules in this area (Law 83/95). The law in force

covers popular action to prevention, to the prosecution

of offenses and to claims for damages. Popular action

includes, amongst other interests protected by the law,

public health, the environment, quality of life, con-

sumers'rights, cultural heritage and the public domain.

Standing is granted to any citizen who enjoys civil and

political rights, and to associations and foundations,

regardless of whether they have a direct interest in the

claim or not, with the res judicata binding all members

of the class who have not exercised their right to opt out.

Keywords: popular action; homogeneous individual

interests or rights; damages; injunctions;

standing; opt out; public prosecutor

The Portuguese Civil Justice

System

The Portuguese system of civil procedure is

characterized by distinct signs of the civil law

legal family. Thus, there is the absence of a jury

and the importance of a written procedure.1

Particular relevance is also given to documen-

tary evidence (Cappelletti and Garth 1987, § 5,

8, 9). That said, in contrast to other civil law

countries in which there is no immediacy in the

relationship between the adjudicating body and

the evidentiary elements, civil proceedings

include an oral discussion (audiência de dis-

cussão e julgamento—final hearing) conducted

by the adjudicating body and including the

taking of evidence (Cappelletti and Garth 1987,

§ 5, 8, 9). Parties determine the subject matter

of the proceeding, which indirectly limits the

Portugal

By

HENRIQUE SOUSA

ANTUNES

Henrique Sousa Antunes is a professor of law at the

Catholic University of Portugal.

DOI: 10.1177/0002716208328429