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Finding a lawyer
A defendant has the right to choose a lawyer, or to ask the court to appoint one. The Portuguese system of access to justice and to the courts is designed to ensure that all citizens are entitled to defence.
Paying for a lawyer
The social security services are responsible for the procedure to grant legal aid.
Legal aid takes the following forms, all of which may be applied for:
- Exemption from payment of court fees and other charges;
- Appointment of a lawyer or defence counsel, and payment of his fee;
- Deferred payment of court fees and other charges;
- Deferred payment of the officially-appointed counsel’s fee.
The defendant’s financial capacity is evaluated in accordance with criteria set out in the law, and in particular the income of the defendant’s household.
If the application for legal aid is rejected, the defendant can appeal to the court.
So long as the application for legal aid is pending, the defendant is entitled to legal aid in the form of exemption from or deferred payment of court fees.
Related links
Ministry of Justice FAQs (in Portuguese)
Last update:
07/04/2024
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