March 14, 2026

The Role of Portuguese Courts of Appeal in Foreign Sentence Review

If you need a foreign court decision recognized in Portugal, your case will not go to a local trial court. Instead, it goes directly to one of Portugal’s Tribunais da Relação — the Courts of Appeal. This is an unusual feature of Portuguese law that surprises many foreign nationals and even some Portuguese lawyers unfamiliar with the process.

Understanding how the Courts of Appeal handle foreign sentence review will help you prepare better, set realistic expectations, and work more effectively with your lawyer.

Why the Court of Appeal and Not a Trial Court?

In most countries, first-instance courts (trial courts) handle the recognition of foreign judgments. Portugal takes a different approach. Under Article 979 of the Code of Civil Procedure (CPC), the competence to review and confirm foreign sentences belongs to the Tribunal da Relação.

The historical rationale for this is that foreign sentence recognition is not a typical lawsuit — it does not involve determining facts, hearing witnesses, or assessing evidence in the traditional sense. Instead, it is a formal legal review that examines whether the foreign judgment meets certain procedural and substantive criteria. This type of analysis is considered more appropriate for appellate-level judges, who have greater experience in complex legal questions.

From a practical standpoint, this means:

Your case is heard by a panel of judges (typically three), not a single judge.
The proceedings are primarily documentary — written submissions and documents rather than oral hearings.
The level of legal sophistication expected in the petition is higher than in a trial court.

Portugal’s Five Courts of Appeal

Portugal has five Courts of Appeal, each with territorial jurisdiction over specific districts:

Tribunal da Relação de Lisboa

Covers the greater Lisbon area, including the districts of Lisboa, Santarém, Leiria (partially), Setúbal, Faro, and the autonomous regions of Madeira and Azores. This is the busiest Court of Appeal for foreign sentence recognition cases, given Lisbon’s large expat and immigrant population.

Tribunal da Relação do Porto

Covers northern Portugal, including the districts of Porto, Braga, Viana do Castelo, Vila Real, and Bragança. The second most common court for recognition cases.

Tribunal da Relação de Coimbra

Covers central Portugal, including the districts of Coimbra, Aveiro, Viseu, Guarda, Castelo Branco, and part of Leiria.

Tribunal da Relação de Évora

Covers the Alentejo region and part of the south, including the districts of Évora, Portalegre, and Beja.

Tribunal da Relação de Guimarães

Covers part of the north, with jurisdiction over Vila Nova de Famalicão, Guimarães, and surrounding areas.

How Is Jurisdiction Determined?

The competent Court of Appeal is generally determined by:

The domicile of the applicant (the person seeking recognition) in Portugal, or
The place where the foreign judgment needs to produce effects (e.g., if a property judgment concerns real estate in Faro, the Lisbon Court of Appeal may have jurisdiction).

If neither party is domiciled in Portugal, other connecting factors may apply. Your lawyer will determine the correct court based on the specifics of your case.

The Procedure Inside the Court of Appeal

Here is what happens once your recognition petition is filed:

1. Initial Filing and Fee Payment

Your lawyer files the petition (requerimento) electronically through the Citius system — Portugal’s electronic court filing platform. The petition must include all supporting documents, translations, and apostilles. court charges are paid at this stage.

2. Distribution and Assignment

The case is distributed to a reporting judge (juiz relator) who will be the primary judge responsible for the case. The reporting judge is part of a three-judge panel that will ultimately decide the case.

3. Preliminary Review

The reporting judge conducts an initial review to ensure the petition is properly structured, all required documents are attached, and court charges have been paid. If anything is missing, the court issues a notification (despacho) requesting corrections — this can add weeks to the process if documents were not properly prepared.

4. Service on the Opposing Party

The respondent (the opposing party in the original foreign proceeding) is served with the petition. Service methods depend on where the respondent is located:

In Portugal: Standard service through the court system — typically fast.
In an EU country: Through the EU Service Regulation — takes 2–4 weeks.
In a Hague Service Convention country: Through the Convention’s Central Authority mechanism — takes 1–3 months.
In other countries: Through diplomatic channels — can take 3–6 months.

5. Response Period

Once served, the respondent has a period to file a response (oposição). The standard period is 15 days if served in Portugal, with extensions for service abroad. If the respondent does not respond, the case proceeds as uncontested, which significantly speeds up the process.

6. Prosecution’s Opinion

The Ministério Público (Public Prosecutor) participates in all recognition proceedings. After the response period closes, the case file goes to the Ministério Público for an opinion (parecer). The prosecutor reviews whether the recognition requirements are met and issues a recommendation to the court. In most straightforward cases, the prosecutor recommends confirmation.

7. Panel Decision

The three-judge panel reviews the case. In uncontested cases, the panel typically decides based solely on the written submissions — no oral hearing is held. In contested cases, the court may schedule a hearing (audiência) to hear arguments from both sides.

The decision is issued as an acórdão (a collegiate court decision). If the foreign judgment meets all six requirements under Article 980 CPC, the court confirms it. If it does not, the court refuses confirmation and explains why.

8. Possible Appeal to the Supreme Court

The losing party can appeal the Court of Appeal’s decision to the Supremo Tribunal de Justiça (Supreme Court of Justice). Appeals are only possible on questions of law — the Supreme Court does not re-examine facts. In practice, appeals from recognition decisions are relatively rare.

What the Court Reviews (and What It Does Not)

This is a critical distinction that many people misunderstand. The Court of Appeal does not:

Re-examine the merits of the original case
Decide whether the foreign court reached the right conclusion
Apply Portuguese substantive law to the original dispute
Hear witnesses or examine new evidence about the underlying case

The Court of Appeal does:

Verify the authenticity of the foreign judgment
Confirm the judgment is final and binding
Check that the foreign court had jurisdiction
Ensure due process was followed (proper service, right to defense)
Assess compatibility with Portuguese public policy
Verify no conflicting Portuguese judgment exists

This limited scope of review is known as the principle of non-revision of the merits (princípio da não revisão do mérito). It is fundamental to the recognition process and is why the procedure is faster than a full trial — the court is conducting a legal check, not relitigating the case.

Typical Timelines at Each Court

Processing times vary between courts and depend on caseload. Approximate timelines for 2026:

Tribunal da Relação de Lisboa: 6–10 months (highest caseload)
Tribunal da Relação do Porto: 5–9 months
Tribunal da Relação de Coimbra: 4–7 months
Tribunal da Relação de Évora: 4–6 months (typically fastest due to lower caseload)
Tribunal da Relação de Guimarães: 4–7 months

These are estimates for uncontested cases. Contested cases, or cases requiring international service of process, can take significantly longer.

Practical Tips for Success

Based on extensive experience with recognition proceedings at the Tribunais da Relação, here are practical tips:

File a complete petition: The single most important thing you can do is ensure every required document is attached, properly apostilled, and translated when you file. Incomplete petitions lead to delays of weeks or months.
Anticipate the prosecutor’s concerns: Since the Ministério Público always participates, address potential objections preemptively in your petition. If there is any ambiguity about jurisdiction, service, or public policy compatibility, explain it upfront.
Provide clear translations: Judges at the Court of Appeal may not speak the language of the original judgment. High-quality, accurate translations are essential — not just for legal compliance, but for the judges to fully understand the foreign decision.
Know which court to file in: Filing in the wrong Court of Appeal leads to a jurisdictional challenge and transfer, adding months. Get this right from the start.
Use a specialist: Recognition proceedings are a niche area. A lawyer who regularly handles these cases will be familiar with the tendencies and expectations of each Court of Appeal.

Frequently Asked Questions

Can I attend the court proceedings?

In most uncontested cases, there is no hearing — the decision is made on the papers. If a hearing is scheduled (in contested cases), it is open to the parties. However, your lawyer represents you, and personal attendance is not required.

What if the Court of Appeal requests additional documents?

The court may issue a despacho (order) requesting clarifications or additional documents. You will have a specified period — usually 10 days — to comply. Your lawyer receives the notification through the Citius system and will advise you on what is needed.

Is the decision of the Court of Appeal final?

The acórdão can be appealed to the Supremo Tribunal de Justiça on questions of law. If no appeal is filed within the appeal period (typically 30 days), the decision becomes final (transits em julgado). Most recognition decisions are not appealed.

How much do the court charges cost at the Court of Appeal?

court charges for recognition proceedings at the Tribunal da Relação typically range from €204 to €612, depending on case complexity. For a full breakdown of all costs, including lawyer charges and document preparation, see our cost guide.

Do EU judgments also go through the Court of Appeal?

For judgments covered by EU regulations like Brussels I Recast (1215/2012), the recognition procedure is different and typically does not require a formal action at the Court of Appeal. However, if enforcement is contested, the Court of Appeal may become involved. The specific procedure depends on which EU regulation applies.

Navigate the Court of Appeal With Expert Guidance

The Tribunal da Relação is not a court most people interact with directly. It operates at a higher procedural level than trial courts, and the expectations for legal submissions are correspondingly higher. Having a lawyer who knows these courts — their procedures, their pace, and their expectations — is invaluable.

At ND Advocacia, Dra Nina Dourado regularly appears before the Portuguese Courts of Appeal in foreign judgment recognition proceedings. She handles the entire process — from initial document review to the final acórdão.

Request a consultation or contact us via WhatsApp to discuss your case.

Conclusion

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Comments

Charlotte Evans

What exactly does the Court of Appeal verify when reviewing a foreign sentence?

Rui Fernandes

Can the Court of Appeal refuse recognition even if all documents are in order?

Alexandra Novak

Is the Court of Appeal process the same for all types of foreign sentences, or does it vary?