There are many circumstances in which an attorney may be needed. However, such a service is usually costly, which we cannot always afford. In this case, you can turn to the state for legal aid, a form of support provided to people who cannot afford to see a lawyer and/or pay the costs associated with a trial or out-of-court process. Let's talk about it in detail today!
What services does free legal aid include? This is a free service aimed at providing access to legal defense for people who, for good reasons, cannot pay these costs. Seeking this measure of support from Segurança Social may be necessary, for example, in cases of dismissal, divorce, eviction, arrest, or in out-of-court proceedings such as the dissolution of a consensual marriage. So, what does this concept of "legal support" consist of:
Legal advice: a meeting with a lawyer to clarify or discuss the circumstances of a particular case in which your interests or rights are affected, and to try to resolve the problem without going to court;
Legal aid, which can be provided in a variety of ways, including:
- Exemption from payment of court fees and other costs associated with the proceedings;
- Paying court fees and other case costs in installments: You can pay court fees and other case costs in installments. This measure applies if you do not qualify for exemption from paying court fees (according to the Social Security Office, you have more than sufficient income, for example), you can still pay the court fees in monthly installments, according to a preliminary calculation provided by Segurança Social);
- Appointment and payment of a lawyer: if you are unable to pay for a lawyer, the Bar Association (Ordem dos Advogados) will appoint a lawyer to be paid by the Ministry of Justice (Ministério da Justiça).
- Note: A lawyer defending in a criminal case (criminal court) or a misdemeanor case is appointed by the court, the prosecutor's office or the criminal police, and the costs are also borne by the Ministry of Justice.
- Appointment of a bailiff: a bailiff is appointed who is responsible for carrying out enforcement procedures (e.g. seizure).
Important: The fact that you do not pay for the services of a specialist does not oblige you to be satisfied with his work: if you are not satisfied with the results, you can apply to the Bar Association with a request for a replacement, while duly justifying your request. In turn, the lawyer can also refuse to represent you.
Who can apply for legal aid? Legal aid can be applied for in various contexts by individuals as well as legal or similar organizations, whether for-profit or non-profit. Please note that it is mandatory for you to be registered with the Social Security Service and you must be assigned a NISS social security number, otherwise for Segurança Social - you do not exist!
So, this measure of state support can be applied for:
Individuals:
- Portuguese citizens;
- European Union citizens;
- foreigners and stateless persons with a valid Portuguese residence permit.
Legal Entities:
- for-profit and non-profit organizations;
- Associations;
- cooperatives;
- Funds;
- religious institutions;
- labor unions;
It is critical to note that legal entities can only benefit from exemption from paying the court fee and costs of the case, appointment and payment of a lawyer or bailiff. All applications for free legal aid must be accompanied by evidence of the applicant's economic difficulties, from which it must be evident that these difficulties do not allow a person or organization to bear the costs of litigation. It should be borne in mind that not only the applicant's income, assets and expenses are assessed, but also those of his or her family, and the final calculation is the sum of all these elements. The assessment is subject to:
- salary;
- self-employment;
- pensions;
- income from movable property (shares, bonds, funds, deposits);
- real estate (houses, land);
- automobiles.
How do I apply for free legal aid? Requests for legal aid can be sent to Segurança Social (Portuguese social security services) in one of the following ways.
Online: the online request must be made on the Segurança Social Direta portal. After logging in, using your access data, you must select Proteção Jurídica (Legal Defense) from the Ação Social (Social Action) menu. Then go to the Apoio judiciário (Legal Aid) menu and form a new application by clicking on Pedir apoio judiciário (Apply for Legal Aid) and fill in the required information.
In person, by mail or email: you can apply in person at the nearest Segurança Social office. If you apply in person, you must make an appointment in advance, which can be done by calling 210 548 888 or 300 088 888, or by using the SIGAapp application. In the case of a personal visit, you will need to fill out one of the following legal aid application forms:
MOD PJ 1 / DGSS: Application for Legal Protection for Individuals;
MOD PJ 2 / DGSS: Statement on legal defense of legal entity;
The forms themselves and instructions for completing them can be found here.
In addition to the above forms, copies of the following documents must be submitted for the person applying and persons living in the same household with him/her:
- valid identity document (e.g. passport), residence permit;
- the last IRS tax return filed and its corresponding nota de liquidação (tax assessment notation), if one has already been issued or, in the absence of a tax return, a certificate issued by the tax office.
In addition to these documents, other papers may be required depending on your personal situation. Here are some examples for different categories of applicants.
Employee (Trabalhador por conta de outrem): Pay slips (Recibos de vencimento) issued by the employer for the last six months.
Self-employed (Trabalhador por conta própria): VAT returns (Declarações de IVA) for the last two quarters and proof of payment. Receipts (Recibos) issued in the last six months.
Owners of immovable property (houses, land, buildings): An up-to-date extract from the land registry (Caderneta predial) or a certificate of ownership (certidão de teor matricial) issued by the tax office, as well as a copy of the document confirming the purchase of the property.
Holders of shares or interests in companies: A document confirming the value of the shares on the day preceding the application, or a copy of the document confirming the acquisition.
Car owners: License and certificate of ownership (Livrete e registo de propriedade) or single vehicle document (documento único automóvel).
Board members or partners of the company: if you are a board member of a legal entity or a partner who owns 10% or more of the company's share capital, you must provide copies of the following documents relating to the legal entity:
- the last filed IRC or IRS tax return, as the case may be, and its corresponding nota de liquidação, if one has already been issued, or, in the absence of such a return, a certificate issued by the tax authorities;
- VAT returns (declarações de IVA) for the last 12 months and proof of payment;
- financial statements (documentos de prestação de contas) for the last three fiscal years or fiscal years since the company was incorporated, if less than three years ago;
- balance sheet for the last quarter (balancete do último trimestre).
Strictly speaking, today that the Social Security Service has access to information about your income through the tax office, the recipient of support is exempted from providing documents relating to income, immovable and movable property (shares, stocks, interests, etc.). In the original version, the list of documents to apply for legal aid lies on the Segurança Social website under "How can I make a request". Keep in mind that you also have the option to send everything by mail or email, the addresses are listed in the "Contacts" section in the above section.
Applying for legal aid: how much does it cost and what is the timeframe for making a decision and providing it? Applying for legal aid is free of charge and there is no cost, and the applicant should receive a response within 30 days. If any documents are missing, Segurança Social will send you a letter asking you to provide the missing papers within 10 days and warning you that if you do not provide them within this period, your application may be rejected. The 30 days will be suspended until you submit the documents and will resume once they have been submitted.
Important: Before applying, conduct a simulation to assess whether you are eligible for free legal aid. You can do this using the simulation available on the Segurança Social portal. Please note that natural and legal persons who benefit from legal aid from the State have certain obligations to the State, namely the obligation to report any change in their financial situation that would allow them to be exempted from the legal protection granted.
By the way, if Segurança Social has not informed you anything in response to your application, the application is automatically considered accepted, although in court you will have to prove that you are receiving free public legal aid and put some pressure on Segurança Social for an official response. Keep in mind that the exemption from fees and charges is not always final. If it turns out that you still had the means to pay the costs at the time you filed the application or that you acquired them during the case or within four years of the end of the case, the Public Prosecutor's Office or another interested party can file a lawsuit to recover what you may have unjustifiably received or to which you have since lost the right. You are also considered financially sufficient if you win your case, even partially (unless the nature or value of the case cannot be taken into account in assessing financial insufficiency).
Legal protection: when does it cease or can it be withdrawn? There are a number of circumstances that may give rise to the termination of legal protection. Legal protection is terminated:
- If the economic situation has changed (both the person's own and their family's) and legal protection can be waived;
- If it is proven that legal protection was granted for invalid reasons;
- If the documents that served as the basis for granting legal protection are recognized as forged by a court decision;
- If an allegation of bad faith is upheld on appeal (bad faith means lying, willfully delaying the process, attempting to obstruct justice, and other such actions).
- If you are awarded the amount needed to pay for the lawsuit in a court proceeding for an assignment of benefits;
- If legal aid was provided in a staggered payment, but a portion of the amount was not paid, and subsequently the missing portion of the amount and the applicable penalty were not paid within the time specified for that purpose.
- In connection with the death of an individual, cessation of activity or liquidation of a legal entity to which support was provided (except in cases where heirs ask the court to recognize them as heirs);
- If one year has elapsed since the legal defense was granted, but for reasons for which the applicant is responsible, legal advice has not been obtained and legal proceedings have not been initiated.
Thanks to everyone who read the material to the end, I hope this almost step-by-step guide will help you in a difficult situation. Traditionally, I wish everyone good luck, especially if you have to face Portuguese justice - strength and patience. Let me remind you that as an immigrant there are many areas in which you may need help or advice. Especially for our readers we have gathered in one place specialists, whose contacts you can find on our portal. Also, a lot of useful and applied information you will find in our voluminous collection of articles, which we constantly try to replenish with relevant materials.
