Minor offences and the fines and penalties they give rise to are dealt with by the administrative authorities.
No fine or penalty may be imposed without the defendant first having been heard. In the case of offences where the fine is not more than 50% of €3740.98 and €44,891.81, the fine may be paid voluntarily at any stage of the procedure prior to judgment. An appeal may be made against any decision by the administrative authority imposing a fine. The court may order the procedure to be closed, find the defendant not guilty, or maintain or amend the penalty. An appeal against that court’s decision may be made to the Appeal Court (Tribunal da Relação).
Traffic offences are dealt with by the National Highways Authority (Autoridade Nacional Rodoviária).
If an official or official agent witnesses a traffic offence, he makes a written report of the event.
The facts witnessed by the official and set out in the written report are regarded as true until proved otherwise.
After the report is drawn up the defendant must be notified of (1) the facts amounting to the offence, (2) the law that has been broken, (3) the applicable penalties, (4) the address to which any defence should be sent and the time limit allowed, and (5) any other relevant information.
The defendant has 15 days from the date of notification in which to submit his defence in writing.
The decision imposing the fine or penalty must include: (1) the identity of the offender, (2) a short description of the facts, evidence and other significant circumstances, (3) a statement of the regulations which have been broken, the fine or penalty and the costs. The notice must also state that an appeal can be made, and how to make it.
The penalties include fines, a driving ban or cancellation of the driving licence.
Yes. Offences committed within Portugal can be punished regardless of the nationality of the offender.
By written appeal addressed to the Court to which the authority in question is answerable (see above).
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Member States in charge of the management of national content pages are in the process of updating some of the content on this website in the light of the withdrawal of the United Kingdom from the European Union. If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed.