Justice of the Peace Courts

In the Justice of the Peace Courts, the procedure takes place in a simple manner, and the parties can submit their request in writing, or orally at the registry office, which is then reduced to writing by the employees of the Justice of the Peace Courts, via CTT or email, or through the platform for alternative dispute resolution - RAL+.

The RAL+ platform is currently available for the Justice of the Peace Courts of the West, of Miranda do Corvo, Vila Nova de Poiares, Santo Tirso, Sintra, Terras de Bouro, Trofa, the cluster of municipalities of Alvaiázere, Ansião, Figueiró dos Vinhos, Pedrógão Grande and Penela, the cluster of municipalities of Tarouca, Armamar, Castro Daire, Lamego, Moimenta da Beira and Resende and the cluster of municipalities of Aguiar da Beira, Penalva do Castelo, Sátão, Trancoso and Vila Nova de Paiva. Access to the platform will soon be extended to the whole network of the Justice of the Peace Courts in the country.
If the competent Justice of the Peace Court for your case is not one of those mentioned above, you should not submit the action on the RAL+ platform, but rather through the usual means, that is, the submission of the action must be done in person at the competent Justice of the Peace Court, via CTT or email.

How does a procedure work in a Justice of the Peace Court

If the people in dispute so wish, the procedure can begin with the intervention of a mediator appointed by the Ministry of Justice. This mediator does not have the power to impose a solution to the dispute. He only guides the people in dispute to find a solution that better suits them.
If mediation fails to solve the dispute, the procedure is handed over to a Justice of the Peace, who attempts to reconcile the parties by proposing a solution to the dispute. If no agreement is reached, the procedure proceeds to the trial phase.
At trial, the parties to the dispute are heard. If an agreement cannot be reached, evidence is presented, and the Justice of the Peace decides the matter through a sentence. This decision has the same value as a sentence delivered by a court of law.
If the dispute has a value equal to or greater than €2500.01 and if neither party agrees with the sentence of the Justice of the Peace, they can resort to a court of law to review the decision.

Both the agreement reached (in mediation - approved by the Justice of the Peace Court - or in conciliation) and the sentence handed down have the same value as a sentence delivered by a court of first instance.

The Justice of the Peace Courts can only rule on actions whose value does not exceed 15,000 euros.

They cannot hear disputes related to:

Family
Inheritances
Labour issues

Matters within the jurisdiction of the Justice of the Peace Courts

Delivery of mobile things;
Rights and duties of the condominium;
Temporary forced passage, natural drainage of water, water protection works, opening of windows, doors, balconies and similar works;
Possession, usucapio and accession;
Urban lease, except eviction;
Civil, contractual and extra-contractual liability;
Breach of contracts and obligations;
Claims for civil compensation due to the commission of a crime, provided that no complaint has been filed, or the complaint has been withdrawn, arising from: bodily harm; libel; insult; theft; damage; alteration of landmarks; fraud to obtain food, beverages or services.

There are no judicial holidays in the Justice of the Peace Courts. They run continuously.

How much does it cost

The use of the Justice of the Peace Courts is subject to a one-off fee of €70, payable by the losing party. In case of shared liability, the amount is divided in the respective proportion. If the parties reach an agreement through mediation, each shall pay €25.

The parties may resort to legal aid.