Portuguese Legal System 

The legal system of Portugal is multi-functioning. This system includes civil or continental law, based on Roman law. Portugal’s courts are similar to other legal systems in many European countries. These countries are France, Spain, Italy, and Germany. There are several documents and customs that are also part of Portugal’s legal system, plus rules involving the filing of lawsuits, criminal codes, and businesses. There are separate laws for Portuguese territories and former colonies. In addition, Portugal’s legal system is part of the country’s shift from a monarchy to a democracy. With more central control, this legal system is part of a free society.

Main Laws of Portugal

The Constitution, the Civil Code, and the Penal Code all document the main laws of Portugal. The Constitution applies to all citizens of Portugal. This document states the rights people enjoy and the limits of the government. It also details when elections should take place and how long politicians can be in office. The Civil Code sets the rules for non-criminal conflicts. These rules involve court filings, courtroom evidence, and the jury system. The Penal Code covers criminal behavior. This code outlines the actions that are against the law. Police officers and prosecutors enforce these laws. Punishment can include fines or imprisonment. The Penal Code is very extensive, with information about both petty and serious offenses.

Connection to French Law

Portugal’s legal system also has a connection to the French legal system. Until the end of the 19^th century, French law was the main source for much of Portugal’s legal system. That changed with the actions of Guilherme Moreira and his writings on Civil Law. These writings were published from 1906 to 1916. Since that time, German law has replaced French law as the foundation of Portugal’s legal system. These concepts now guide both administrative law and corporate law.

Civil Code and Gender Identity

Today, gender rights are a central part of Portugal’s legal system. On May 31, 2010, Portugal became the 6^th country in Europe to legalize same-sex marriage. This new Law of Gender Equality is one of the most liberal rules in the world. The law prevents discrimination against gay and lesbian individuals. The law also allows gay and lesbian people to serve in the military and donate blood. In addition, the law permits gay, lesbian, and transgendered people to work for the government or become teachers. Many civil rights groups consider this bill a major achievement in Europe.