10 common legal questions in Portugal, and where the answers come from

In short: Many everyday legal questions in Portugal do not have the answer people assume. Recording a call you are on is not automatically legal (art. 199 of the Código Penal), the deadline to sue is usually 20 years but far shorter for many claims (arts. 309 and 310 of the Código Civil), and the "14-day cancellation" only applies to online and off-premises purchases (DL 24/2014). This post gives plain-language answers to ten common questions and points to the statute each one rests on. As an EU Member State, Portugal also applies EU law alongside its national law. CourtStairs answers questions like these with citations to the primary Portuguese and EU sources so you can read the law yourself.

People in Portugal ask a lot of the same questions, about renting, being let go, recording a conversation, or how long they have to act. The honest answer is often narrower than the confident version you hear repeated. Below are ten common questions with a short, plain-language explanation and a pointer to the source. These are general explanations of the law, not legal advice, and they are current as of 2026, so figures and limits can change.

The quick answers at a glance

Here is the short version before the detail. Each row links to the section and the law that governs it.

1. Can I record a call I'm part of?

Be careful here. Portugal does not have a general "one-party consent" rule. Article 199 of the Código Penal makes it an offence to record another person's spoken words that are not intended for the public, even words spoken to you, without that person's consent, punishable by up to one year in prison or a fine of up to 240 days. Portuguese courts have, in limited circumstances, admitted such recordings as evidence, typically where there is a justification such as defending a legitimate right in a legal proceeding. But you should not assume that recording a private conversation without consent is lawful, and publishing or sharing such a recording is a further, separate risk.

2. How long do I have to sue someone?

This is the prescrição (limitation) period, and letting it lapse can permanently kill an otherwise valid claim. The ordinary period is 20 years (art. 309 of the Código Civil). But many claims are much shorter: art. 310 sets a five-year period for things like rent, other periodic payments, and interest. Consumer contracts, road-accident liability, labour claims and others follow their own special deadlines. Because the right rule depends on the type of claim, treat any deadline that might be near as urgent and confirm it. For a fuller breakdown, see our guide to prescription periods and deadlines in Portugal.

3. Can my landlord enter my home without my agreement?

As a rule, no. A rented home enjoys the same protection as any dwelling, and the constitutional inviolability of the home means the landlord cannot come and go as they please. Even to inspect or carry out works, entry needs to be arranged with the tenant at a reasonable time; it is not a right to enter at will. Genuine emergencies (a burst pipe, a fire) are the practical exception. If a landlord insists on entering against your wishes, that is a matter for agreement or, failing that, the courts, not self-help.

4. Do I have 14 days to cancel any purchase?

No, and this is one of the most common misunderstandings. The 14-day right of free resolution (direito de livre resolução) under DL n.º 24/2014 applies to contracts concluded at a distance (online, by phone) or away from the trader's premises. For those, you can withdraw within 14 days, usually without giving a reason. An ordinary purchase made in a shop has no general cooling-off period: returning it for a refund or exchange depends on the shop's own policy, unless the goods are defective, in which case separate consumer-guarantee rules apply. See our detailed explainer on the 14-day right of withdrawal in Portugal.

5. A shop treated me badly. What is the Livro de Reclamações?

The Livro de Reclamações (Complaints Book) is a real, enforceable tool. Under DL n.º 156/2005, most businesses that deal with the public must make a complaints book available, in paper form at the premises and in electronic form via the official portal (livroreclamacoes.pt). Your complaint is sent to the competent regulator, and the business is generally required to respond within 15 business days. It does not itself award you money, but it triggers oversight and creates a record, and refusing to provide the book is itself an offence.

1. Ask for the bookRequest the paper Livro de Reclamações on site, or file at livroreclamacoes.pt for online and off-premises traders (DL 156/2005).
2. Write your complaintComplete your copy; the business keeps one and forwards a copy to the competent regulator within 15 business days.
3. Regulator reviewsThe regulator can investigate and fine the business; you receive a response but not automatic compensation.

6. How much notice do I have to give if I resign?

If you are on an open-ended contract and want to leave, art. 400 of the Código do Trabalho requires you to give written notice (aviso prévio): at least 30 days if you have up to two years of service, and at least 60 days if you have more than two years. Fixed-term contracts have their own (usually shorter) notice periods. Certain roles can have longer notice by collective agreement. If you leave without giving proper notice, you can owe the employer compensation equal to the missing notice.

7. What's the most I can claim in a Julgado de Paz?

Julgados de Paz are simplified, low-cost courts designed for people to resolve civil disputes without the formality of the ordinary courts. Their jurisdiction covers certain civil claims up to a value of €15,000. They emphasise mediation and are built to be navigable without a lawyer for straightforward matters. For higher-value or more complex disputes, or claim types outside their competence, you go to the ordinary courts instead. Confirm both the value and the subject-matter before filing, because not every kind of dispute fits.

8. What's the difference between a civil and a criminal case?

They are two different systems. A criminal case (processo penal) is brought by the State, through the Ministério Público, to punish conduct the law forbids; the outcomes are things like a fine or imprisonment, and guilt must be established to a high standard. A civil case (processo civil) is a private dispute, an unpaid debt, a broken contract, damage caused, where one party asks the court for money or another remedy, decided on the evidence rather than "beyond reasonable doubt." The same event, such as a serious car accident, can lead to both a criminal case and a separate civil claim for compensation.

9. What happens if I die without a will?

If you die without a will, the sucessão legítima rules of the Código Civil decide who inherits, in a fixed order of herdeiros legítimos: typically the spouse and descendants first, then other relatives. Portuguese law also protects a core of close heirs (the herdeiros legitimários, such as spouse, descendants, and in some cases ascendants) with a reserved share (legítima) that even a will cannot freely override. One important point: a partner in a união de facto (unmarried cohabitation) does not inherit in the same way as a spouse under these rules, though separate legislation gives limited protections, so provision for a partner usually needs a will. Our guide to wills and succession in Portugal explains the reserved share in more depth.

10. Does EU law affect my everyday rights?

Yes, more than people realise. Portugal is an EU Member State, so EU law applies alongside national law. Your data-protection rights come largely from the GDPR (an EU regulation that applies directly), much consumer-protection law transposes EU directives, and rights on air-passenger compensation, product safety, and cross-border matters have a strong EU dimension. When a question touches consumers, data, or anything cross-border, the answer often lives partly in EU law and partly in the Portuguese law that implements it.

Where CourtStairs fits

CourtStairs answers everyday questions like these with citations to the primary sources: the Código Civil, the Código Penal, the Código do Trabalho, the relevant decree-laws, and EU instruments, so you can see where each answer comes from and read it yourself. It works in English and Portuguese and has a free tier.

Laws change and special rules abound, so confirm anything important against the primary source in the Diário da República, EUR-Lex, or a lawyer.