The Constitutional Court has declared unconstitutional, with general binding force, the rule derived from Articles 8, 8-A, 8-B of Law No. 34/2004 (Regime of access to rights and to the courts), and article 12 and Annex IV of Ministerial Order No. 1085-A/2004 of 31 August, to the extent that they were interpreted as meaning that an applicant for legal aid who demonstrates financial insufficiency does not automatically obtain full exemption from court fees and procedural costs, but is instead granted the benefit of instalment payments, even where such payments would reduce their net monthly income below the national minimum wage.

The Court held that this interpretation violates the fundamental right of access to justice under Article 20(1) of the Portuguese Constitution, as it imposes a disproportionate financial burden that effectively denies access to the courts for economically vulnerable citizens.

This decision consolidates prior case law and strengthens constitutional safeguards ensuring effective access to justice for those who lack sufficient means.

For further information, please contact us at hbf@ccsllegal.com

[Photo by: Bernardo Lorena Ponte, available at unsplash.com]