Questionnaire Portugal
IV.2 What are his main tasks in the field of private and commercial law?
In the field of civil law, the public prosecutor
defends legality and plays a main role in cases in which he represents the
State, the Autonomous Regions and the local authorities, persons whose whereabouts
are unknown, disabled persons or those with no permanent residence.
When the above are interested parties in the case or the case aims at fulfilling their collective or diffuse interests, a public prosecutor can intervene in a case as an accessory party (sects. 3(l)(a) and 5 Statute of the prosecution service and 12(3), 15, 16,1 7 and 20 Civil Procedure Code).
The Civil Procedure Code opens the possibility for the public prosecutor to have a main intervention in cases such as inabilities and interdictions, review of foreign judgments, justification of absence and quality of heir, estate liquidation and inventories, execution by reason of costs and fines, in appeal to the plenary for purposes of case-law uniformity.
The public prosecutor is also entrusted with the defence of legality, promotion of public interest and representation of the State, of persons whose whereabouts are unknown, disabled persons and of those with no permanent residence at the Commercial Courts
The public prosecutor has powers to propose the bringing of actions on winding-up companies (sects. 83 Code of Rules of Procedure and Taxation Procedure and 89 Act on the Organisation and Operation of the Courts of Law) and, while representing the entities whose interests are legally entrusted to it, he also has powers to request a statement of insolvency (sects. 182 Code of Rules of Procedure and Taxation Procedure, 20(1) Companies Bankruptcy and Recovery Code, and 89(l)(a) Act on the Organisation and Operation of the Courts of Law).
Although he is not the applicant, it is incumbent on the public prosecutor to intervene in all cases of bankruptcy and insolvency, as well as in all cases involving public interests (sect. 3(1 )(1) Statute of the prosecution service).
When the above are interested parties in the case or the case aims at fulfilling their collective or diffuse interests, a public prosecutor can intervene in a case as an accessory party (sects. 3(l)(a) and 5 Statute of the prosecution service and 12(3), 15, 16,1 7 and 20 Civil Procedure Code).
The Civil Procedure Code opens the possibility for the public prosecutor to have a main intervention in cases such as inabilities and interdictions, review of foreign judgments, justification of absence and quality of heir, estate liquidation and inventories, execution by reason of costs and fines, in appeal to the plenary for purposes of case-law uniformity.
The public prosecutor is also entrusted with the defence of legality, promotion of public interest and representation of the State, of persons whose whereabouts are unknown, disabled persons and of those with no permanent residence at the Commercial Courts
The public prosecutor has powers to propose the bringing of actions on winding-up companies (sects. 83 Code of Rules of Procedure and Taxation Procedure and 89 Act on the Organisation and Operation of the Courts of Law) and, while representing the entities whose interests are legally entrusted to it, he also has powers to request a statement of insolvency (sects. 182 Code of Rules of Procedure and Taxation Procedure, 20(1) Companies Bankruptcy and Recovery Code, and 89(l)(a) Act on the Organisation and Operation of the Courts of Law).
Although he is not the applicant, it is incumbent on the public prosecutor to intervene in all cases of bankruptcy and insolvency, as well as in all cases involving public interests (sect. 3(1 )(1) Statute of the prosecution service).
