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Portugal

Civil law

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Portugal is a civil-law country with a Constitution of 1976, written after the Carnation Revolution, and a Civil Code of 1966. Its legal tradition shaped Brazil, Angola, Mozambique and the other Portuguese-speaking countries.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 1976, the highest law
  • The Civil Code (1966), the Penal Code and other national codes and statutes
  • European Union law, which takes priority in its area
  • Court decisions and scholarly writing, which guide the courts but are not formal precedent

The main courts

  • The Supreme Court of Justice at the top of the ordinary courts
  • The Supreme Administrative Court, for disputes with public bodies (administrative and tax courts are a separate branch)
  • The Constitutional Court, which reviews whether laws respect the Constitution
  • Courts of appeal and first-instance courts

Becoming a lawyer

A law degree, then a period of supervised traineeship and examinations run by the Bar Association (Ordem dos Advogados), followed by registration with the Bar.

What may surprise you

  • Administrative and tax disputes have their own courts, as in France.
  • Public prosecutors form a separate, independent body (the Ministério Público) with its own career.
  • The Constitutional Court can review laws both before and after they take effect.
  • Portuguese law is the root of the private law of Brazil and of the Portuguese-speaking countries in Africa and Asia.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Portugal as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Portugal, consult a lawyer qualified there. Report a mistake.