Cursos / 1º Ciclo / Faculty of Law :: Law

ORGANIZAÇÃO JUDICIÁRIA - 2023/2024

2º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Paulo Sousa Pinheiro
Assistant Professor: Prof. Doutor Paulo Sousa Pinheiro

Class type and School hours

Teórica : 2 Horas
Prática : 1 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

- Provide students with the knowledge about judiciary organization and civil procedural law (general theory, principles and prerequisites).
- Analysis of the Portuguese judiciary system.
- Analysis and understanding of the action species and several procedural forms.
- Study of the procedural presuppositions for the parties, the court and the subject of the case.

Specific Aims/Objectives

- Building firmly the basis needed for understanding the civil procedural law and the portuguese judiciary system.

Skills to be acquired

- Provide students with the necessary skills to enable the understanding of the Portuguese judiciary organization.
- Identification of the general principles of civil procedural law and capacity to recognize them throughout the process.
- Identification of the appropriate legal procedure that students must use in concrete situations.
- Enable students to comply with procedural presuppositions.

Teaching Procedures

- Theoretical analysis of the subject, complemented with discussion of issues.
- Analysis and interpretation of the applicable legal regime.
- Study of the doctrine and jurisprudence, promoting student participation.
In practical and tutorial classes, the following will be used:
- Application of the matter to specific cases.
- Discussion and resolution of practical cases.
- Analysis of case law.
- Encouraging the research and investigation of the subjects addressed.

Programme

Part I - Introduction and general notions
1. Introduction
2. The action, the process and the procedural law
3. Notion of civil procedural law
4. Characteristics of civil procedural law
5. Sources of civil procedural law
6. Basic principles of civil procedural law
Part II - Procedural forms
1. Concept and plurality of forms
2. Common and special procedures
3. Declarative and executive process
4. Common declarative procedure
5. DL n.º 269/98, of 1st September
6. Voluntary jurisdiction and contentious jurisdiction processes
7. Incidents
8. Precautionary measures
9. Alternative dispute resolution mechanisms
Part III - Procedural presuppositions
1. Notion and classification
2. Judiciary personality
3. Judiciary capacity
4. Legal standing
5. Procedural interest
6. Legal aid mandatory
7. The court:
7.1. International jurisdiction
7.2. Domestic jurisdiction/competence (the criteria of competence based on hierarchy, subject, value and territory).

Evaluation Type

- Two written tests (pontos escritos) and a mandatory written examination (prova de frequência escrita).

Teaching Resources

- General and specialized library.
- Computer and internet.

Sustainability Objectives

Keywords

- Action
- Process
- Civil procedure
- Court
- Competence
- Parts
- Judge
- Lawyer

Main Bibliography

Complementary Bibliography